Study on Nutrient Loading and Impacts on Lake Memphremagog for Public

Study of nutrient loading and impacts in Lake Memphremagog

Preliminary Report DRAFT

Presented by Memphremagog Study Advisory Group (MSAG)

For International Joint Commission

November 21th, 2019

Study of nutrient loading and impacts in Lake Memphremagog Preliminary Report – DRAFT

Front picture: Studio R.C.

Study written and coordinated by: Kendall Lambert, Administrative Director, Memphremagog Watershed Association (MWA) & Ariane Orjikh, General Manager, Memphremagog Conservation inc. (MCI)

Study guided by the Memphremagog Study Advisory Group (MSAG) Initial MSAG members: CAD MSAG Members US MSAG Members Sébastien Bourget Ben Copans Environmental Scientist, Ministère de Watershed Coordinator, Vermont Department of l'Environnement et de la Lutte contre les Environmental Conservation, Watershed changements climatiques (MELCC) Management Division, (VDEC) Alain Gagnon Frank Maloney Agroenvironmental and Water Quality Advisor, Planner, Northeastern Vermont Development Ministère de l'Agriculture, des Pêcheries et de Association (NVDA) l'Alimentation (MAPAQ) Julie Grenier (MSAG Co-chair) Mark Mitchell Project Coordinator, Conseil de gouvernance de Environmental Scientist, Vermont Department of l'eau des bassins versants de la rivière Saint- Environmental Conservation, Lakes and Ponds François (COGESAF) Program (VDEC) Daniel Leblanc Perry Thomas (MSAG Co-chair) Estrie and Montérégie Regional Director, Ministère Program Manager, Vermont Department of de l'Environnement et de la Lutte contre les Environmental Conservation, Lakes and Ponds changements climatiques (MELCC) Management and Protection Program (VDEC) Alexandra Roy Beth Torpey Formerly Project Coordinator in sustainable Professor Community College of Vermont, Development, Municipalité régionale de comté Board Member, Memphremagog Watershed (MRC) de Memphrémagog, and then, Constituency Association (MWA) Office Manager and Political Attaché, Orford’s County, Quebec National Assembly Serge Villeneuve Bruce Urie Ecology and Water Principal Analyst, Environment Regional Stewardship Manager Vermont Land and Climate Change Canada (ECCC) Trust (VLT) Due to changes in staffing and availability during the project period, Alain Gagnon, Daniel Leblanc, and Perry Thomas were unable to participate until the end of the project. In summer 2019, Mikael Guillou from the Directorate of Agri-environmental practices, MAPAQ, Nathalie Provost, General Manager of Analysis and Expertise, MELCC, and Peter Laflamme, Director of the Watershed Management Division of VDEC, joined the MSAG. Ben Copans, VDEC, took the role of Co-Chair at that time. For this study, the MSAG members served in their personal and professional capacity, not as representatives of their agencies or employers. Members were expected to serve in an impartial manner, performing their duties for the common good of both countries.

Executive Summary

In October 2017, the International Joint Commission (IJC) received a reference from the Governments of Canada and United States asking to identify the range of nutrient loading issues that are of concern in the Lake Memphremagog Basin and make recommendations on how current efforts can be strengthened. The public is concerned about phosphorus levels and proliferation of algal blooms in Lake Memphremagog that can adversely affect human health, ecosystems, and recreational and tourism activities on both side of the border. This binational study provides a portrait of the current state of the Memphremagog watershed (Chapter 2), a review of current management efforts (Chapter 3), a science and policy analysis (Chapter 4), suggestions for initiatives coming from networking with key stakeholders (Chapter 5) and recommendations on ways to consolidate and improve binational current efforts geared to reduce concentrations of nutrients, and the proliferation of aquatic plants and cyanobacteria that they cause in Lake Memphremagog (Chapter 6). To produce the report, a Memphremagog Study Advisory Group formed by 12 people has been established to provide guidance, a literature review has been produced, a networking survey has been sent to key experts and a Science and Policy workshop has been done. Lake Memphremagog covers an area of 97 km2, of which three quarters is in Quebec and one quarter in Vermont. Lake Memphremagog is a source of drinking water for approximate 175,000 Canadians and is used for a variety of human activities including swimming, boating, and fishing that attract a large number of tourists and locals. These uses are limited by elevated nutrient levels in the lake and resulting cyanobacteria blooms, 156 of which have been reported between 2006 and 2018. The lake is considered oligo-mesotrophic according to total phosphorus concentrations. Chlorophyll-a concentrations suggest the lake is mesotrophic in the southern half of the lake and oligo-mesotrophic in the northern half of the lake. Fitch Bay and South Bay are isolated and distinct sections of the lake and are considered eutrophic. Phosphorus levels measured in Vermont have averaged 18 μg/L exceeding the water quality standard of 14 μg/L. Water quality indicators suggest nutrient levels in the lake have been stable for the last 20 years, but it is predicted that climate change will increase nutrient loading and algal blooms in the lakes of the region. As such, there is immediate need to develop binational solutions to control nutrient loading to reduce current cyanobacteria blooms and prepare for a changing climate across the lake Memphremagog watershed which covers an area of 1,779 km2, 71% of which is in Vermont and 29% in Quebec. In Quebec, several stakeholders are working to reduce nutrient loading in Lake Memphremagog. The Government of Quebec is mainly responsible for the water resource management, implementing an integrated management of water resources by watershed, and recognizing the Saint-Francis River Watershed Governance Committee (COGESAF) for the implementation of an action plan in the St-Francis integrated water management zone, which includes the Memphremagog watershed. The Memphremagog Regional County Municipality (MRC Memphremagog) is responsible for the establishment of guidelines for the territory management. Municipalities have an important role to play, regulating land development and activities through permits and regulations, and adopting non-regulatory measures and on-the-ground projects. Several initiatives and on-the-ground projects are also taken by non-profit organizations, as Memphremagog Conservation Inc. (MCI).

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In Vermont, nutrient load reduction efforts are supported through partnerships between State and Federal agencies, local organizations, municipalities, and landowners. This work is guided by a phosphorus budget for the lake, called a Total Maximum Daily Load, that sets a 29% phosphorus load reduction target for the Vermont portions of the watershed. Strategies to achieve this goal are outlined in a tactical basin plan, which will be updated on a five-year cycle and will track progress in meeting the phosphorus reduction target. State regulations and funding to support phosphorus reduction efforts across all source sectors were included in Act 64 (2015) and Act 76 (2019). Local organizations have developed partnerships to guide these efforts including a Memphremagog specific stormwater collaborative and Regional Conservation Partnership Programs targeting agricultural lands.

The Science and Policy Analysis presented in Chapter 4, concluded that reducing nutrient loading in Lake Memphremagog will require careful planning and understanding of current state of water quality, areas of concern, and reduction targets. Also, although there are several efforts and projects underway to increase best management practice (BMP) installation to reduce nutrient loading, widespread adoption of BMPs and investment in clean water projects must be strengthened to reduce nutrient loading. The Quebec Vermont Steering Committee is an established leadership group for the Memphremagog Watershed that provides a binational forum for the presentation of materials and in-depth analyses, and for environmental collaboration within the watershed.

The recommendations for a binational approach to reduce the nutrient loads causing the proliferation of cyanobacteria in Lake Memphremagog are:

1. Establish watershed nutrient loading reduction goals through a binational watershed model; 2. Adopt and expand practical solutions to reduce nutrient loading by land use type through the installation of BMPs and investment in clean water projects: 2.1. Agriculture – Adopt widespread on-farm BMPs supported by resources for implementation and direct service providers; 2.2. Developed Lands – Adopt BMPs and stormwater regulations for new development projects and increased implementation of retrofit projects for existing development; 2.3. Natural Lands – Identify priority conservation areas that protect essential ecological services provided by natural lands in the watershed and implement programs and provide incentives to conserve and restore these lands; 2.4. To support all practical solutions on all land use types, it is further recommended that the following are incorporated into each recommendation: a) Incorporate climate change impacts into all decision-making in order to ensure nutrient loading targets are met and investments in BMPs are long-term and that finite resources are used effectively. b) Conducte an analysis of existing enforcement of regulation to determine if there are gaps in enforcement areas, and to develop a plan to address gaps and identify opportunities for improvement.

c) In order to enforce regulation, it is recommended that state and provincial agencies and those invested with enforcement authority are provided with increased resources and more effectively target enforcement systems to reach this goal. d) Focus funding initiatives from state, provincial, and federal sources on achieving the binational goals developed from these recommendations. e) Incorporate education and awareness to all projects to ensure that more BMPs are implemented, to ensure local, state/provincial and federal by-in, and additional participation in projects. 3. Strengthen the cooperation through Quebec Vermont Steering Committee to implement a long- term strategy These recommendations are more fully described in Chapter 6.

Table of Contents Executive Summary ...... iii List of Figures ...... ix List of Tables ...... ix List of Acronyms ...... xi

Chapter 1 Introduction ...... 1 1.1. Project Background ...... 1 1.2. Study Approach ...... 2

Chapter 2 Summary Memphremagog Watershed Overview ...... 4

Chapter 2 Description of Lake Memphremagog and its watershed ...... 8 2.1. Overview of Lake Memphremagog Watershed ...... 8 2.1.1. Location and surface area of the watershed ...... 8 2.1.2. Hydrology and geomorphology ...... 10 2.1.3. Topography, Geography, and Soil ...... 11 2.1.4. Climate ...... 12 2.1.5. Climate Change Impacts ...... 12 2.1.6. Administrative Boundaries, Population, and Demographics ...... 13 2.1.7. Lake Usages ...... 16 2.1.8. Land Use ...... 17 2.1.9. Protected areas ...... 21 2.2. Water quality data: Lake Memphremagog and its tributaries ...... 21 2.2.1. Tributary water quality data ...... 21 2.2.1.1. Quebec tributary water quality data ...... 21 2.2.1.2. Vermont tributary water quality data ...... 23 2.2.2. Lake Memphremagog water quality data ...... 24 2.2.2.1. Lake Memphremagog water quality data: Quebec monitoring sites ...... 26 2.2.2.2. Lake Memphremagog water quality data: Vermont monitoring sites ...... 34 2.3. Nutrient Sources ...... 37 2.3.1. Agricultural Sources - TMDL estimates ...... 39 2.3.2. Developed Lands- TMDL estimates ...... 40 2.3.3. Point Sources- TMDL estimates ...... 40 2.3.4. Recreational Sources- TMDL estimates ...... 41 2.3.5. Other-TMDL estimates ...... 41 2.4. Effects of Nutrients on the Lake Memphremagog Ecosystem ...... 42 2.4.1. Cyanobacteria blooms ...... 42

2.4.2. Hypoxia ...... 44 2.4.3. Effects on aquatic fauna and flora ...... 45 2.4.4. Human Health and socio-economic effects ...... 46 Appendix 2-1 Bathymetry of Lake Memphremagog ...... 49 Appendix 2-2 Lake Memphremagog Watershed: Steep slopes and elevation areas higher than 350m ...... 51 Appendix 2-3 Map of Lake Memphremagog Watershed Land Use ...... 53 Appendix 2-4 Protected Areas in Lake Memphremagog Watershed, Canada and United States ...... 55 Appendix 2-5 Reported Cyanobacteria Observations on Lake Memphremagog, Canada and United States ...... 57 Appendix 2-6 Dissolved oxygen concentrations at 8 stations of Lake Memphremagog between 2014 and 2016 ...... 61

Chapter 3 Summary Review of existing management efforts ...... 70

Chapter 3 Review of existing management efforts ...... 75 3.1. Description of watershed’s key stakeholders ...... 75 3.1.1. Description of the Canadian watershed’s key stakeholders ...... 75 3.1.1.1. Federal government ...... 75 3.1.1.2. Provincial government ...... 75 3.1.1.3. Municipalities ...... 76 3.1.1.4. Non-governmental organizations ...... 77 3.1.1.5. Private Sector ...... 78 3.1.2. Description of the United States watershed’s key stakeholders ...... 78 3.1.2.1. Federal government ...... 79 3.1.2.2. State government ...... 79 3.1.2.3. Municipalities ...... 79 3.1.2.4. Non-governmental organizations ...... 80 3.1.2.5. Private Sector ...... 80 3.1.3. Quebec-Vermont Steering Committee ...... 80 3.2. Inventory of nutrient management efforts ...... 81 3.2.1. Inventory of Canadian nutrient management efforts ...... 81 3.2.1.1. Water quality protection Policies, Acts and Laws ...... 81 3.2.1.2. Monitoring and research ...... 92 3.2.1.3. Decision support tools ...... 97 3.2.1.4. Current Implementation of Best Management Practices (BMPs) in the watershed ...... 99 3.2.1.5. Implementation of restauration measures in the lake and its tributaries ...... 108

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3.2.2. Inventory of United States nutrient management efforts ...... 109 3.2.2.1. United States water quality protection policies, acts, and laws ...... 109 3.2.2.2. Lake Memphremagog Total Maximum Daily Load for Phosphorus ...... 111 3.2.2.3. Monitoring and research ...... 116 3.2.2.4. Decision support tools ...... 118 3.2.2.5. Current implementation of best management practices (BMPs) in the United States watershed ...... 120 3.2.3. Inventory of binational nutrient management efforts ...... 131 Appendix 3-1 List of Canadian Stakeholders ...... 132 Appendix 3-2 List of US Stakeholders ...... 136 Appendix 3-3 Sampling sites monitored since 2006 in the tributaries of the Quebec portion of the watershed ...... 140

Chapter 4 Summary Science and Policy Analysis ...... 142

Chapter 4 Science and Policy Analysis ...... 150 4.1. Canadian Science and Policy Analysis ...... 150 4.1.1. Canadian Science Analysis ...... 151 4.1.2. Canadian Policy Analysis ...... 152 4.2 United States Policy and Science Analysis ...... 163 4.2.1. United States Science Analysis ...... 164 4.2.2. United States Policy Analysis ...... 165 4.3. Quebec and Vermont Science and Policy Analysis ...... 174 4.3.1. Quebec and Vermont: Science Analysis ...... 174 4.3.2. Quebec and Vermont: Policy Analysis ...... 176

Chapter 5 Suggestions for best management practices and initiatives ...... 178

Chapter 6 Recommendations for a Binational Approach ...... 189

List of References ...... 199 List of Works Consulted ...... 211

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List of Figures

Figure 2-1. Lake Memphremagog Watershed...... 9 Figure 2-2. Water levels of Lake Memphremagog ...... 10 Figure 2-3. Quebec and Vermont Watershed Land Use in km2 and percent land cover ...... 19 Figure 2-4. Concentration medians of total phosphorus from 2005 to 2018 for the tributaries of the Quebec portion of the watershed...... 22 Figure 2-5. Concentration medians of total phosphorus from 2005 to 2016 for the tributaries of the Vermont portion of the watershed. Areas with elevated mean phosphorus concentrations are also shown as these are target areas for water quality improvement efforts in Vermont...... 24 Figure 2-6. Location of water quality monitoring sites in Lake Memphremagog ...... 25 Figure 2-7. Diagram of the trophic status of lakes used by the MELCC...... 27 Figure 2-8. Average annual PT concentrations for the periods 1999-2018 (9 stations, top graph) and 2002-2018 (10 stations, bottom graph)...... 31 Figure 2-9. Average annual concentrations of chlorophyll-a for the periods 1999-2018 (9 stations, top graph) and 2002-2018 (10 stations, bottom graph)...... 33 Figure 2-10. Memph 03 Monitoring Station: Lake Memphremagog Score Card Trends and Status Report with data from 1985 through 2018...... 35 Figure 2-11. South Bay Monitoring Station: Lake Memphremagog South Bay Score Card Trends and Status Report with data from 2005 through 2018...... 36 Figure 2-12. Estimated phosphorus loading by land use type in Lake Memphremagog in metric tons per year (mT/y) and percent loading...... 38

List of Tables

Table 2-1. Vermont municipalities of Lake Memphremagog Watershed...... 14 Table 2-2. Canadian municipalities in the Lake Memphremagog Watershed...... 15 Table 2-3. Average total phosphorus concentrations and trophic status at Lake Memphremagog stations...... 28 Table 2-4. Average concentrations of chlorophyll-a and trophic status at Lake Memphremagog stations...... 29 Table 2-5. Mann-Kendall trend test results of average annual TP concentrations at Memphremagog Lake stations...... 30 Table 2-6. Mann-Kendall trend test results on annual average chlorophyll-a concentrations at Memphremagog Lake stations...... 32 ix

Table 2-7. Estimated phosphorus loading by land use type in Lake Memphremagog in metric tons per year (mT/y) and percent loading...... 39 Table 2-8. Annual phosphorus load estimates for each WWTF...... 41 Table 2-9. Reported Cyanobacteria Observations in the Quebec portion of Lake Memphremagog, 2006-2018...... 58 Table 2-10. Reported cyanobacteria in Vermont portion of Lake Memphremagog by volunteer monitors, 2006-2017...... 60 Table 3-1. Reduction percentages by land use………………………………...………………. 113

List of Acronyms ACA Appalachian Corridor Appalachien AMFE Agence de mise en valeur de la forêt privée de l’Estrie / Agency for the Enhancement of the Private Forest of Estrie AMP Acceptable Management Practices for forestry (VT) BMP Best Management Practice CAEE Club agroenvironmental de l’Estrie / Agroenvironmental Club of Estrie CCAE Clubs-conseils en agroenvironnement / Agro-Environment Advisory Clubs COGESAF Conseil de gouvernance de l’eau des bassins versants de la rivière Saint-François / Saint-Francois Watershed Steering Committee CWA Clean Water Act (US) CWSRF Clean Water State Revolving Fund (VT) CWSP Clean Water Service Provider (VT) DOS United States Department of State ECCC Environment and Climate Change Canada EPA United States Environment Protection Agency EQIP Environmental Quality Incentives Program (US) FAP Farm Agronomics Program (VT) FFQ Fondation de la Faune du Québec / Quebec Wildlife Foundation GAS Global Affairs Canada GLFC Great Lakes Fisheries Commission (US) GSI Green Stormwater Infrastructure IJC International Joint Commission IRDA Institut de recherche et de développement en agroenvironnement / Agroenvironmental Rechearch and Development Institute LAMRAC Association du Marais-de-la Rivière-aux-Cerises LQE Loi sur la qualité de l’environnement / Environment Quality Act MAMOT Ministère des Affaires municipales et de l’Occupation du territoire / Ministry of Municipal Affairs and Land Occupancy MAMH Ministère des Affaires municipales et de l'Habitation/ Ministry of Municipal Affairs and Housing MAPAQ Ministère de l’Agriculture, des Pêcheries et de l’Alimentation du Québec / Ministry of Agriculture, Fisheries and Food of Quebec MCI Memphremagog Conservation inc. MELCC Ministère de l’Environment et de la Lutte contre les changements climatiques / Ministry of Environment and Fight against Climate Change MERN Ministère de l’Énergie et des Ressources naturelles / Ministry of Energy and Natural Resources MFFP Ministère des Forêts, Faune et Parcs / Ministry of Forests, Wildlife and Parks

MRC Municipalité régionale de comté / Regional County Municipality MRGP Municipal Roads General Permit (VT) MSAG Memphremagog Study Advisory Group MSSS Ministère de la Santé et des Services sociaux / Ministry of Health and Social Services MTQ Ministère des Transports du Québec / Ministry of Transport of Quebec MWA Memphremagog Watershed Association MWF Memphremagog Wetlands Foundation NPDES National Pollutant Discharge Elimination System Permit (US) NMP Nutrient Management Plan NRCD Natural Resources Conservation District NRCS Natural Resources Conservation Service NVDA Northeastern Vermont Development Association OBV Organisme de bassin versant / Watershed organization PDE Plan directeur de l’eau / Water Master Plan PRMHH Plan régional des milieux humides et hydriques / Regional Wetlands and Bodies of Water Plan RAPPEL Regroupement des Associations pour la Protection de l’Environnement des Lacs et des bassins versants / Regrouping of Associations for the Protection of Environment of Lakes and Watersheds RAPs Required Agricultural Practices (VT) RCPP Regional Conservation Partnership Program REA Règlement sur les exploitations agricoles / Agricultural Operations Regulation RSVL Réseau de surveillance volontaire des lacs / Volunteer Lake Monitoring Network SAD Schéma d’aménagement et de développement / Land Use Planning and Development Plan SCLL Société de Conservation du lac Lovering / Lake Lovering Conservation Society SEPAQ Société des établissements de plein air du Québec SGA Stream Geomorphic Assessment (VT) SQE Stratégie québécoise de l’eau / Quebec Water Strategy SWC Memphremagog Stormwater Collaborative TBP Tactical Basin Plan (VT) TMDL Total Maximum Daily Load (US) UPA Union des producteurs agricoles / Agricultural Producers Union USDA United States Department of Agriculture USGS United States Geological Survey UQAM Université du Québec à Montréal / Quebec University in Montreal VAAFM Vermont Agency of Agriculture, Food, & Markets VANR Vermont Agency of Natural Resources

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VDEC Vermont Department of Environmental Conservation VDH Vermont Department of Health VFPR Vermont Department of Forest, Parks, and Recreation VF&W Vermont Department of Fish and Wildlife VLMP Vermont Lay Monitoring Program VLT Vermont Land Trust VTrans Vermont Agency of Transportation WCA Watersheds Consulting Associates WWTF Wastewater Treatment Facilities

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Chapter 1 Introduction

1.1. Project Background

The International Joint Commission (IJC) is an international organization guided by the Boundary Waters Treaty signed by Canada and the United States in 1909. The treaty provides general principles for preventing and resolving disputes over waters shared between the two countries and for settling other transboundary issues. The IJC studies and recommends solutions to transboundary issues when asked to do so by the national governments. When the IJC receives a government request, called a reference, it appoints a board with equal numbers of experts from each country (IJC, 2018).

On October 19, 2017, the IJC received a reference from Global Affairs Canada (GAC) and the U.S. Department of State (DOS) regarding water quality in “Lakes Champlain and Memphremagog”. The reference asked to the IJC to identify the range of nutrient loading issues that are of concern in the Lake Memphremagog Basin and make recommendations on how current efforts can be strengthened (Global Affairs Canada, 2017; United States Department of State, 2017).

The IJC developed an initial work plan for the Lake Memphremagog portion of the reference on February 19, 2018.. Soon thereafter, the IJC contracted with the Basin Organizations Memphremagog Conservation Inc. (MCI) from Magog, Quebec, and the Memphremagog Watershed Association (MWA) from Newport, Vermont, to examine current programs and measures that address elevated nutrient levels and algal blooms, and to assist the IJC in making recommendations on how to strengthen these efforts.

Initially, MCI and MWA were to submit the final report on July 19th, 2019 to the IJC, to be released by the IJC on October 19th, 2019. However, due to the United States government shut down starting in December 2018 and going into January 2019, the project was delayed. On March 1st, 2019, the IJC granted the study a 6-month extension, with MCI and MWA submitting the final report to the IJC on January 19th, 2020.

1.2. Study Approach

At the beginning of the project period, the Basin Organizations worked closely with the IJC to establish a Memphremagog Study Advisory Group (MSAG). This group met and provided feedback and guidance on the report and process throughout the project period. The initial MSAG members were:

CAD MSAG Members US MSAG Members Sébastien Bourget, Ben Copans, Watershed Coordinator, Vermont Environmental Scientist, Ministère de Department of Environmental Conservation, l'Environnement et de la Lutte contre les Watershed Management Division, (VDEC) changements climatiques (MELCC) Alain Gagnon, Frank Maloney, Agroenvironmental and Water Quality Advisor, Planner, Northeastern Vermont Development Ministère de l'Agriculture, des Pêcheries et de Association (NVDA) l'Alimentation (MAPAQ) Julie Grenier, Mark Mitchell, Project Coordinator, Conseil de gouvernance de Environmental Scientist, Vermont Department of l'eau des bassins versants de la rivière Saint- Environmental Conservation, Lakes and Ponds François (COGESAF) Program (VDEC) Daniel Leblanc, Estrie and Perry Thomas, Program Manager, Vermont Montérégie Regional Director, Ministère de Department of Environmental Conservation, l'Environnement et de la Lutte contre les Lakes and Ponds Management and Protection changements climatiques (MELCC) Program (VDEC) Alexandra Roy, Formerly Beth Torpey, Project Coordinator in sustainable Development, Professor Community College of Vermont, Municipalité régionale de comté (MRC) Board Member, Memphremagog Watershed de Memphrémagog, and then, Constituency Office Association (MWA) Manager and Political Attaché, Orford’s Constituency, Quebec National Assembly Serge Villeneuve, Bruce Urie, Ecology and Water Principal Analyst, Regional Stewardship Manager Vermont Land Environment and Climate Change Canada Trust (VLT) (ECCC)

Julie Grenier and Perry Thomas were elected by the MSAG to serve as co-chairs. Due to changes in staffing and availability during the project period, Alain Gagnon, Daniel Leblanc, and Perry Thomas were unable to participate until the end of the project. In June of 2019, Mikael Guillou from the Directorate of Agri-environmental practices, MAPAQ, and Nathalie Provost, General Manager of Analysis and Expertise, MELCC, joined the MSAG. Peter Laflamme, Director of the Watershed Management Division of VDEC, formally replaced Perry Thomas in July of 2019, with Ben Copans, VDEC, taking on the role of Co-Chair at that time.

To produce this report, the Basin Organizations and the MSAG worked together to:

1. Produce a literature review of current science, policy, and best management practices in the watershed to understand the current state of nutrient loading and impacts, as well as current efforts to reduce nutrient loading (Chapters 2 and 3) 2. Network with key stakeholders by creating a stakeholder survey. This was sent to key experts in the watershed to understand opinions, challenges, current efforts, and possible improvements regarding nutrient loading. Results from the survey were compiled in a separate Networking Report and used as primary research, in the analysis, and to develop suggestions presented in the Memphremagog Report. 3. Provide an analysis of current science and policy regarding nutrient loading (Chapter 4). 4. Develop suggestions by country (Chapter 5) and binational recommendations (Chapter 6) to strengthen current efforts to reduce nutrient loading.

On September 20th, 2019, a binational science and policy workshop was held in Newport, Vermont with experts from both countries. The experts were asked to review parts of the preliminary report in advance of the workshop. At the workshop, attendees provided feedback on the draft recommendations, as well as other report sections as needed. This feedback are presented in a separate Workshop Report and was incorporated into the final report, which was put online in November, 2019 for a 30 day public comment period.

Public comments will be collected by the Basin Organizations and incorporated directly into the report or addressed in an appendix. The report will be sent in January 2020 to IJC to review and strengthen over a three-month period.

Chapter 2 Summary Memphremagog Watershed Overview The headwaters of the Memphremagog Watershed are located in Northeast Kingdom of Vermont, USA (Figure 1). The water flows north into the Estrie region in Quebec, CAN. Lake Memphremagog is an international body of water. The watershed is a subwatershed of the St. Francis river watershed, which eventually flows into the St. Lawrence River and out to the Atlantic Ocean.

General Watershed Facts • Total drainage area: 1,779 km2 • 71% of drainage area is in VT • 29% of drainage area in QC • Major tributaries: • Black River (VT) • Clyde River (VT) • Barton River (VT) • Johns River (VT) • Castle River (QC) • Cherry River (QC) • Fitch Brook (QC) • Lake Memphremagog is the largest lake in the watershed and covers an area of approximate 97 km2. It is also a source of drinking water for approximate 175,000 Canadians.

Figure - Lake Memphremagog Watershed

Activities in the Watershed

Lake Memphremagog and the lakes, ponds, and tributaries of the watershed are used for a variety of human activities including swimming, boating, and fishing. The wide range of recreational activities available attracts a large number of tourists and locals alike every year, making it a major tourist draw in the Eastern Townships in Quebec, and still popular, but less frequented in Vermont.

Land Use The majority of land cover in the Memphremagog Watershed in both Quebec and Vermont is natural lands which includes forest and water/wetland (Figure 2). 78% of the land in Vermont is natural lands or 982 km2 and 82% of the land in Quebec or 421 km2. Agriculture is also a significant land use in Vermont, comprising 17% or 217 km2 of the Vermont watershed. This is compared to 10% or 49 km2 of the Quebec watershed. The developed lands, including paved and dirt roads, account for 5% of 69 km2 of the land in Vermont and 8% or 41 km2 in Quebec.

Figure - Vermont and Quebec Watershed Land Use in km2 and percent land cover

Lake Memphremagog Water Quality Data The Ministry of the Environment and the Fight against Climate Change of Quebec (MELCC) monitors the water quality of Lake Memphremagog at 10 stations covering all areas of the lake since the early 2000s. According to the trophic status classification chart used by the MELCC, the lake is globally at an oligo-mesotrophic level according to the total phosphorus concentration, whereas according to the indicator of algal biomass, the chlorophyll-a concentration, it is situated at the mesotrophic level in the southern half of the lake and at the oligo-mesotrophic level in the northern half of the lake. Fitch Bay, which is an isolated and distinct section of the lake, shows a more advanced state of eutrophication. Subject to the uncertainty regarding representativeness of historical data, the phosphorus concentration would have been stable at the majority of the lake stations since the start of the monitoring program, although there is a slight decrease when

aggregating the stations. On the other hand, the chlorophyll concentration shows stability at all stations and for the lake as a whole over the same period. The water quality indicators suggest that the lake situation has been stable for almost 20 years. The results for Quebec and Vermont are consistent in this respect. The Vermont Lay Monitoring program (VLMP) has sampled for total phosphorus concentrations on Lake Memphremagog since 1985. Total phosphorus trends have been statistically stable since then. 2018 Lake Score card data indicates that total phosphorus on the main lake in Vermont during the 2018 summer was 19.1 μg/L, with total phosphorus in South Bay in the 2018 spring was 20.2 μg/L and 2018 summer 22.6 μg/L. The standard for total phosphorus in a lake set by the Vermont Department of Environmental Conservation (VDEC) is 14 ug/l for the main lake and 25 μg/L for the South Bay segment. Water quality standards for the main lake and South Bay in Vermont are different based on the characteristics of the lake segment, including the depth and mixing. Tributary monitoring data from Vermont has identified several areas with elevated mean phosphorus concentrations which are target areas for water quality improvement efforts. Average total nitrogen concentrations from over 980 samples from 2005 through 2018 in the lake in Vermont were 0.31 mg/L. These nitrogen levels are generally considered low.

Memphremagog Watershed Phosphorus Loading Estimates Due to elevated concentrations of phosphorus in the US portion of the main lake, VDEC was required to set a Total Maximum Daily Load (TMDL) for phosphorus. To set a TMDL, VDEC used a land use export model to estimate the amount of phosphorus loading, and then recommended reductions on the Vermont portion of the watershed to meet our clean water goals. The TMDL was finalized by VDEC and approved by the US Environmental Protection Agency in 2017. Although this study focused on Vermont, it does provide an estimate of phosphorus loading from both countries and is the best data currently available (VDEC, 2017d).

Figure - Estimated phosphorus loading by land use type in Lake Memphremagog in metric tons per year (mT/y) and percent loading 6

Impacts of phosphorus loading on water quality

Cyanobacteria, also known as “blue-green algae”, are aquatic prokaryotes that under the right conditions can form blooms, which refer to the result of a massive proliferation phase, resulting in a significant appearance of biomass (Figure 4). Some species are capable of producing toxic compounds known as cyanotoxins. The contact, the ingestion or the inhalation of cyanobacteria can be injurious to human or animal health. Between 2006 and 2018, 145 cyanobacteria blooms were reported by citizens, organizations or municipalities to the MELCC on the Quebec side of Lake Memphremagog. Between 2006-2017 there were 11 observations of cyanobacteria blooms made by Cyanobacteria Volunteer Monitors on the Vermont portion of Lake Memphremagog. Figure 4 - Cyanobacteria Bloom in Lake Memphremagog Other potential effects: Photo Credit: MCI

o Increased aquatic plant growth o Increased cost for the treatment of drinking water o Decrease in aesthetic and recreational value of the lake o Commercially important fish species may disappear o Decrease of property values

Chapter 2 Description of Lake Memphremagog and its watershed

2.1. Overview of Lake Memphremagog Watershed

2.1.1. Location and surface area of the watershed

The Lake Memphremagog Watershed drainage area is 1,779 square kilometers (km2) (687 square miles (mi2)). 71% of the drainage area is in Vermont and 29% is in Quebec (VDEC, 2017a). The water flows from the Northeast Kingdom of Vermont, northward to the Estrie region in Quebec. The watershed is a subwatershed of the St. Francis River Watershed, which flows into the St. Lawrence River (Figure 2-1) and into the Atlantic Ocean.

Figure 2-1. Lake Memphremagog Watershed

2.1.2. Hydrology and geomorphology

The largest lake in the watershed, Lake Memphremagog covers an area of approximately 97 km2 (37mi2) with a Basin Lake Area Ratio of 18 (VDEC, 2017b). The lake crosses the US/Canadian border, with three quarters of its area in Quebec and one quarter in Vermont. Water from Lake Memphremagog flows out through the Magog River, Quebec. The average lake depth is 20 m (65.5 ft) and the maximum depth is 107 m (351.1ft; VDEC, 2017b; see Appendix 2-1). The average residence time of the water in Lake Memphremagog from 2009-2012 was 1.65 years (VDEC, 2017b).

The water level of Lake Memphremagog is influenced by the Memphremagog Dam located on the Magog River in Magog, Quebec. In effort to manage water levels of the lake, an international agreement was ratified in 1935 that sets principles governing the outflow of water from the dam (United States, 2019). Water level monitoring by the US Geological Survey and Environment and Climate Change Canada show that the lake is generally kept at 207-208 m (680 to 684 ft). Figure 2-2 shows the target lake level for the City of Magog in red, with the actual lake level in 2018 in black, and target upper elevation in blue.

Figure 2-2. Water levels of Lake Memphremagog Source: Magog, 2018a.

There are three major rivers which drain into Lake Memphremagog, the Clyde, Black, and Barton Rivers, all located in Vermont. The John’s River, a smaller tributary which follows the Quebec/Vermont border also drains in from the Vermont side. In Quebec, the main tributaries are the Castle River, the Cherry River, and Fitch Brook. There are additional lakes, ponds, and over one hundred streams in the watershed of various size that feed Lake Memphremagog (MCI, 2011a).

The flows of the tributaries were estimated for the 2017 Lake Memphremagog Phosphorus Total Maximum Daily Load (TMDL). Complete methodology for flow estimation is found in the Modeling Documentation for the Lake Memphremagog TMDL (VDEC, 2017b).

2.1.3. Topography, Geography, and Soil

Lake Memphremagog formed approximately 12,000 years ago as a glacial ice sheet melted and receded northward. Current land formations including many lakes and ponds are a result of the last glacial event. Glacial till and exposed bedrock are found in upland areas, while alluvial and lake deposits are found in the valleys (Dyer et al., 2011; Stewart & MacClintock, 1969).

Geologically, the watershed lies on the Waits River and Giles Mountain Formations. Most of the bedrock is metamorphosed limestone, schist, and phylite with deposits of marine organisms. This easily weathered bedrock rich in calcium provides highly fertile soils that have been colonized by dense northern hardwood forests. Soil type in this region is in general very productive and supportive for agriculture. In addition, there are significant granite deposits. For example, nearly 45% of the Clyde River sub-watershed has granite bedrock (Dyer et al., 2008).

Surficial geology in the Quebec portion of the watershed is characterized by soils formed from different types of till deposits, dotted of rocky lands at the north and at the west portions of the watershed, with some organic soils and other types of soils located around the watershed (IRDA, 2008a; 2008b, 2008c, 2008d, 2008e, 2008f). Surficial geology is similar for the upland areas of the Vermont portion of the watershed. However, large sandy deltaic and outwash deposits are found in Vermont along the Black and Willoughby Rivers, upper portions of the Barton and Clyde Rivers, and in areas surrounding Lake Memphremagog (Stewart & MacClintock, 1969).

Lake Memphremagog is at 208 m (682 ft) in elevation (Dyer et al., 2011). The Vermont portion of the watershed is relatively low in elevation, with the western side bordered by the Lowell Mountain range rising 773 m (2,535 ft) above sea level. In the southern side of the watershed, Bald Mountain, rising 1,010 m (3,315 ft) above sea level, is the highest point in elevation (Dyer et al., 2008).

According to the Ecological Reference Framework adopted by the government of Quebec (MDDEFP, 2013), Lake Memphremagog watershed is part of the Appalachian natural province. The western part of the Quebec portion of the watershed, included in the Green Mountains natural region, has a mountainous and hilly topography with slopes greater than 30% around the Mounts Orford, Giroux, Owl’s Head, Elephant, Sugar Loaf’s and Hog's Back areas (Appendix 2-2). The highest point is Mount Orford rising 853 m (2,798 ft) above sea level. The east side of the Quebec watershed, included in the Plateau d’Estrie-Beauce natural region, has a hilly topography and the Bunker Hill is the only major topographic element.

2.1.4. Climate

Northeastern Vermont and the Estrie have a variable climate with distinct seasons. Weather patterns are characterized by changeability, large temperature ranges both daily and annually, and significant differences in weather between the same season depending on the year. Daily temperatures and snowfall are affected by the altitude and specific area, while precipitation is equitable throughout the entire area. Frequent thunderstorms in the summer and large snowstorms in the winter are common. On average, the area receives 101 centimeters (cm) (39.9 inches (in)) of annual rain, 256cm (101in) of annual snow. Average summer high temperatures for July is 26° Celsius (C) (79° Fahrenheit (F)), with 12°C (55°F) for low, conversely, mid-winter averages for January are -4°C (24°F) for the high, and on average -16°C (3°F) for low temperatures (Vermont Weather, 2018).

2.1.5. Climate Change Impacts

Climate change is expected to continue to alter precipitation patterns and increase average temperatures in Vermont and Quebec. An increase in the frequency and intensity of storm events in Vermont and Quebec has already been observed (EPA, 2016; Ouranos, 2015). Average

precipitation for the state of Vermont has increased by 2.5cm (1in) per decade between 1941 and 2014 (Galford et al., 2014). Similarly, average precipitation for the south of Quebec has increased by 2.5cm (1in) per decade between 1960 and 2013 (MDDELCC, 2015a). Precipitation increases have occurred mainly during the spring and fall events, while snow precipitation has decreased annually (Mekis & Vincent, 2011). According to the 2018 Hydroclimatic Atlas of Southern Quebec, the fall and summer flood peaks will probably continue to increase by the year 2050 (gouvernement du Québec, 2018a).

Average temperatures in Vermont have risen by 1.5°C (2.7°F) between 1941 and 2014, with 0.2°C (0.4°F) of that increase occurring between 2004-2014 alone (Galford et al., 2014). Average temperatures in the south of Quebec have also risen by 1.5 - 2.0°C (2.0 and 3.6°F) between 1961 and 2010 (MELCC, 2019a). The increasing average temperatures is causing milder winters and will likely continue the trend of converting winter snowfall to winter precipitation (Ouranos, 2015).

Climate change must be taken into account when developing management plans and recommendations to reduce nutrient loading in the Memphremagog watershed. An increase in the intensity of storm events will likely result in increased stormwater flows that can lead to flooding, riverbank instability, runoff, and increased pollution and nutrient loading (Xia et al., 2015). Additionally, warmer average annual temperatures are predicted and could lead to increased thermal stress on water bodies, potentially affecting the intensity and duration of algal blooms (VDEC, 2017a). Climate change may also prolong thermal stratification, potentially leading to a decrease in the dissolved oxygen concentration in the bottom water and an increase of phosphorus released from sediments (Xia et al., 2015). As such, the impact of climate change on future nutrient loading and algal blooms must be considered.

2.1.6. Administrative Boundaries, Population, and Demographics

In Vermont, the Lake Memphremagog Watershed spans Essex and Orleans counties. These counties are United States Department of Agriculture (USDA) designated rural areas. Newport City located at the southern end of Lake Memphremagog is the largest city in the Vermont portion of the watershed, and the most densely populated area with a population of 4,589 at the time of the

2010 US Census (Newport City, 2018). In Vermont, municipal, state, and federal policy can affect water quality and/or land use regulations.

Given that the watershed has different boundaries from town and county lines, an exact population estimate for the “watershed” was not calculated. Table 2-1 shows all Vermont municipalities that have land in the watershed with area of land in km2 and percentage of each town in the watershed. Further, the table shows the full population of the town at the time of the last US Census (US Census, 2018). Newport City has the largest population and that is 100% in the watershed, followed by Derby, which is 93.7% in the watershed, and Barton, which is 100% in the watershed. The US census estimates that the population of Orleans County – which largely overlaps with the Lake Memphremagog watershed has dropped by 1.2% from April 1, 2010 and July 1, 2018.

Table 2-1. Vermont municipalities of Lake Memphremagog Watershed Municipality name Population Percent of km2 in watershed (2010 Census) municipality in watershed Averys Gore 0 3% 1.4 Newark 581 2% 2.19 Wolcott 1,676 2% 2.44 Eden 1,323 2% 3.54 Warners Grant 0 55% 4.52 Warren Gore 4 44% 11.84 Lowell 879 10% 14.28 Sheffield 703 19% 16.24 Holland 629 18% 17.6 Sutton 1,029 18% 17.73 Newport City 4,589 100% 19.753 Newport Town 1,594 22% 24.3 Greensboro 762 25% 25.25 Craftsbury 1,206 65% 66.7 Coventry 1,086 100% 71.65 Brownington 988 100% 73.45 Westmore 350 79% 76.58 Brighton 1,222 57% 80.18

Morgan 749 99% 87.08 Glover 1,122 92% 92.07 Charleston 1,023 100% 99.81 Albany 941 100% 100.96 Irasburg 1,163 97% 102.87 Barton 2,810 100% 114.88 Derby 4,621 94% 139.38

The counties which make up the watershed have the highest poverty rates in the state of Vermont. The average poverty rate from 2011-2015 for the state of Vermont was 11.5%, whereas the poverty rates for Essex and Orleans Counties were 15% and 15.5% respectively (Vermont State Data Center, 2017).

In Quebec, the Lake Memphremagog Watershed spans two federal districts, Brome-Missisquoi and Compton-Stanstead, one provincial district, Orford, and one administrative region, Estrie. There are 10 municipalities in the Quebec portion of the watershed with more than 1 km2 in the watershed (Table 2-2). Almost all the municipalities are included in the Memphremagog regional county municipality (MRC), which is composed of 17 total municipalities. Only the municipality of Stanstead-Est, with around 2 km2 in the watershed, is included in the Coaticook MRC.

Table 2-2. Canadian municipalities in the Lake Memphremagog Watershed Canadian Population in 20161 % of the municipality km2 in the watershed2 Municipalities in the watershed2

Saint-Benoit-du-lac 32 100% 2

Stanstead-Est 584 1.7% 2

City of Stanstead 2,788 14% 3

Bolton-Est 940 29% 23

Ogden 741 64% 48

Orford Township 4,337 35% 48

Potton Township 1,852 21% 55

Austin 1,485 96% 71

City of Magog 26,669 64% 92

Stanstead Township 1,036 96% 109 Source : 1Statistiques Canada, 2018; 2MRC Memphremagog, 2018, unpublished data.

For the last fifty years, the permanent population of the MRC Memphremagog experienced constant growth, with an increase of 20.4 % from 2001 and 2016. The population growth for the MRC is higher than the Estrie and the Province of Quebec (MRC de Memphrémagog, 2018). From 2011 and 2036, it is predicted that the population will increase by 20.3% (MRC de Memphrémagog, 2018). The City of Magog is the largest city in the watershed, with an estimated population of 26,669 and a density of 184.6 people per km2 (Statistiques Canada, 2018). In Quebec, municipal, regional county, provincial, and federal policy can affect water quality and/or land use regulations.

Low-income household rate of the MRC is lower than the provincial average and the Estrie. The average low-income rate from 2010-2014 for the Province of Quebec was 8.6% and 7.7% for the Estrie, whereas the low-income rates for the MRC was 6.5%, with a decrease each year (Institut de la statistique du Québec, 2017). In 2018-2019, the median price of a single-family home sold in the main municipalities of the Quebec portion of the watershed (which has more than 3 km2 in in the watershed) was CAN$316,125 for Orford, CAN$277,000 for Austin, CAN$262,500 for Potton, CAN$242,618 for Magog, compared to CAN$ 255,000 in the Province of Quebec and CAN$195,500 in Estrie (Centris, 2019; data unavailable for Bolton-Est, Ogden and Stanstead Township).

2.1.7. Lake Usages

In Vermont, Lake Memphremagog is designated as a Class B(2) waterbody under the Vermont Water Quality Standards, 2016. This means that the lake is managed to support uses including swimming, boating, fishing, aquatic biota, aquatic habitat, aesthetics, drinking water source and irrigation.

In addition to its designation, Lake Memphremagog and the lakes, ponds, and tributaries of the watershed are used for a variety of human activities including swimming, boating, and fishing. The wide range of recreational activities available attracts a large number of tourists and locals

alike every year, making it a major tourist draw in the Eastern Townships in Quebec and in Vermont.

In the Quebec side of Lake Memphremagog, there are six public beaches, five municipal boat launches, 27 marinas, and more than 4000 permanent boats, with more than 2000 motorboats (MRC Memphremagog, 2019, unpublished data; MCI, 2012). The majority of the marinas and boats are located in the Town of Magog, in the North of the Lake (MCI, 2012). Vermont has one public beach, one municipal boat launch, and three Fish and Wildlife (state owned) access points. Lake Memphremagog and the Clyde River are also a part of the Northern Forest Canoe Trail; a 1,190 km (740 mi) canoe trail spanning from Old Forge, New York to Fort Kent, Maine.

The watershed is home to many popular fishing destinations in both Quebec and Vermont. For the Eastern Townships, Lake Memphremagog is the most important fishing spot in the area (Roy, S., MFFP, 2018, pers. comm.). Although eleven species are commonly fished, the salmonids are the most economically valuable species.

Lake Memphremagog is a drinking water source for more than 175,000 people living mostly in the City of Sherbrooke, the City of Magog, the municipality of Potton, and the municipality of Saint-Benoit-du-Lac. Other private waterside residents in both Quebec and Vermont may take their drinking water directly from the lake. There is no public drinking water uptake on the Vermont portion of the lake.

2.1.8. Land Use

Figure 2-3 shows Vermont and Quebec watershed land use in km2 and percent area. The majority of the watershed in both Vermont and Quebec is natural lands characterized by forest/shrub and water/wetland cover. Natural lands account for 78% (982 km2) of the land in Vermont and 82% (421 km2) of the land in Quebec. Agriculture is also a significant land use in Vermont, comprising 17% or 217 km2 of the Vermont watershed. This is compared to 10% or 49 km2 of the Quebec watershed. The developed lands, including paved and dirt roads, account for 5% (69 km2) of the land in Vermont and 8% (41 km2) in Quebec.

The map of Lake Memphremagog watershed land use is in Appendix 2-3. More details on how Vermont Department of Environmental Conservation (VDEC) calculated land use values are

available online: https://dec.vermont.gov/sites/dec/files/wsm/mapp/docs/Memph%20TMDL%20documentation%208-2- 17.pdf

Figure 2-3. Quebec and Vermont Watershed Land Use in km2 and percent land cover

Agriculture in the Quebec portion of the watershed The Quebec portion of the Lake Memphremagog watershed has 53 registered agricultural producers which their civic address of the main production site of the farm is in the watershed; with a total area of 56.9 km2. According to farm registration cards, horticultural, fruit crops, and annual crops are largely in the minority. Production type Area (km2) Proportion (%) Annual crops (corn, soya, cereal) 2.9 5.1 Perennial crops (grassland or pasture) 25.5 44.9 Horticultural and fruit crops 0.8 1.4 Forest, sugar bush, fallow 27.7 48.6

Total area of agricultural land 56.9 100 Source: (MAPAQ, 2019, unpublished data). The 53 agricultural producers indicate conducting direct sowing or minimum tillage on 119 ha, corresponding to 41% of annual crops (290 ha). 28 farms (53%) operate livestock farming, mainly beef cattle, poultry, and dairy cattle. This distribution explains the large number of manure storages in the field. Animal unit Proportion (%) Beef Cattle 1501 54.5 Poultry 716 26.0 Dairy Cattle 352 12.8 Sheeps 116 4.2 Horses 50 1.8 Others 21 0.7 Total 2756 100

The animal density corresponds to 0.48 AU / ha of agricultural surface and 0.97 AU / ha of surface in annual and perennial crops. This average animal density can pose challenges in terms of management of organic fertilizers mainly on perennial crops (dates of application, doses, modes of supply, distances from watercourses and ditches). However, soil phosphorus enrichment appears to be limited according to the Quebec Soil Test Results Database. On a compilation of 1012 soil analyzes carried out between 2000 and 2017 in the MRC Memphremagog, the average soil phosphorus content was 68 kg / ha (median 48 kg / ha) and its average saturation rate P / Al of 2.7. % (median 1.7%; MAPAQ, 2019, unpublished data).

2.1.9. Protected areas

Appendix 2-4 shows the Quebec and Vermont protected areas in Lake Memphremagog watershed. In Quebec, a proportion of 9.0% of the watershed is protected, when in Vermont, the proportion is 14.5% (Rivest, C., COGESAF, 2019, unpublished data).

2.2. Water quality data: Lake Memphremagog and its tributaries Water quality data in this report include data from tributaries and Lake Memphremagog. It should be noted that monitoring protocols and laboratory analyses differ between Vermont and Quebec. This may influence the median and mean values and makes the median and mean values between the two countries not directly comparable.

2.2.1. Tributary water quality data

2.2.1.1. Quebec tributary water quality data

The MRC Memphremagog coordinates a tributary monitoring program that has sampled over 40 sites throughout the Quebec portion of the Memphremagog Watershed since 1998 (see section 3.2.1.2). Figure 2-4 presents the concentration medians obtained for total phosphorus from 2005 to 2018. Five sub-watersheds exceed the Quebec criteria for surface water quality to limit the excessive growth of algae and aquatic plants in streams and rivers (30 μg/L). There are no areas with a mean phosphorus concentration of 44 µg/L or greater in the Quebec portion of the watershed. This value is used by Vermont to prioritize areas to implement efforts to reduce phosphorus in the watershed (VDEC 2017d.)

Figure 2-4. Concentration medians of total phosphorus from 2005 to 2018 for the tributaries of the Quebec portion of the watershed.

2.2.1.2. Vermont tributary water quality data

Supported by the LaRosa Partnership Program through the VDEC, the tributary monitoring program has sampled over 153 sites throughout the Vermont portion of the Memphremagog Watershed since 2005 (see section 3.2.2.3). Figure 2-5 presents the concentration medians obtained for total phosphorus from 2005 to 2016. Watersheds with mean phosphorus values above 44 μg/L have been identified as target areas for phosphorus reduction efforts across the watershed (VDEC 2017d.)

Figure 2-5. Concentration medians of total phosphorus from 2005 to 2016 for the tributaries of the Vermont portion of the watershed. Areas with elevated mean phosphorus concentrations are also shown as these are target areas for water quality improvement efforts in Vermont.

2.2.2. Lake Memphremagog water quality data

Twelve water quality sampling sites are located on Lake Memphremagog and its outlet, the Magog River (Figure 2-6). In Quebec, since 1999, nine sites have been sampled by the Ministry of Environment and Fight against Climate Change (MELCC, Ministère de l’Environment et de la Lutte contre les changements climatiques) in collaboration with Memphrémagog Conservation inc. (MCI), when the outlet is sampled since 2002 (see section 3.2.1.2). In Vermont, two sites have been sampled through the Lay Monitoring program since 1985: one in the center of South Bay and one located in center of the lake off Whipple Point (Memph 03; see section 3.2.2.3). Samples were also taken from 2005 to 2012 through the Vermont Lake Assessment program at the same locations as the Lay Monitoring Program. The Vermont Lake Assessment program also sampled at a site in the middle portion of Lake Memphremagog, which has also been sampled by MELCC (Station 249/Memph 04; see section 3.2.2.2).

Figure 2-6. Location of water quality monitoring sites in Lake Memphremagog

2.2.2.1. Lake Memphremagog water quality data: Quebec monitoring sites

Context The Ministry of Environment and Fight against Climate Change of Quebec (MELCC, Ministère de l’Environment et de la Lutte contre les changements climatiques du Québec) monitors the water quality of Lake Memphremagog at nine stations on the Lake since 1999 and at its outlet since 2002 (Figure XX). The distribution of the stations makes it possible to have a relatively good spatial coverage of the various areas of the Lake. Similar to the monitoring done by Vermont, it is focused on the trophic status assessment based on the measurement of total phosphorus (TP) and chlorophyll-a (chl-a) concentrations (http://www.environnement.gouv.qc.ca/eau/rsvl/methodes.htm). The inconsistency in the availability of the transparency data measured with the Secchi disk (TRAN) over the years does not permit the use of this variable to highlight changes in lake productivity. Transparency is the least accurate indicator of trophic status. The sampling technique has remained stable from 1999 to today. However, the method of conservation of the samplings and measurement of the total phosphorus was the subject of modifications in 2009 and 2011. These led to declines in the data that were detected and quantified very recently following a rigorous evaluation of all analytical results and possible sources of bias. The final results of this work are not yet available. In order to be able to use Quebec phosphorus data for this report, the data have been corrected using temporary correction templates. Although these can produce data sets that appear consistent and plausible, great caution is required in their analysis and interpretation. The findings and conclusions are therefore necessarily cautious at this stage and details of the uncertainty inherent of the results are presented. The number of samples taken annually was generally four divided in June, July and August, and it reached 7 in some years including May and the period from September to November. To give equal weight for each year, only June, July and August data were used. Long-term interannual average values and trend analyzes were performed over two periods, from 1999 to 2018 (9 stations) and from 2002 to 2018 (10 stations). The period 2002 to 2018 excludes the results from 1999 to 2001 which are the most heterogeneous in terms of the number of samples and because of the absence of the outlet station. The comparison of the results of the two periods makes it possible to highlight the effect of these three years. It should be noted that total phosphorus data for 2018 are not corrected data, but analytical results produced using the modified and proven analytical method and procedures. These results are reliable. Despite the adjustments made on the Quebec side, the difference with Vermont monitoring data remains statistically significant, in the order of 1.8 μg/L higher for Vermont according to the results of paired samples analyzed in parallel in 2018. The differences between the Vermont monitoring data and the Quebec monitoring data in the southern part of the Lake are higher than the one mentioned above. In addition to the inaccuracy of the correction models and the peculiarities of analytical chemistry methods and procedures, other factors may be involved in this difference, including the sampling protocol. Quebec and Vermont continue the evaluation of these factors.

Trophic status Figure 2-7 presents the trophic status classification chart for lakes used by the MELCC. The limits of the major trophic classes are consistent with the recommendations of the Canadian Council of Ministers of the Environment (CCME) and historically used as a result of the Organisation for Economic Co-operation and Development (OECD)'s work on eutrophication. Transition zones are based on a review of the most widely used empirical values in eastern North America. The values defining the trophic classes for total phosphorus are higher than those used by Vermont (Section 2.3.2.2), while the limits for chlorophyll are similar.

Figure 2-7. Diagram of the trophic status of lakes used by the MELCC

Based on the average phosphorus concentration since 1999 or 2002 as well as in 2018 (Table 2- 3), Memphremagog Lake would be at an oligo-mesotrophic (OM) level at all stations, with the exception of North-East Fitch Bay, which is definitely mesotrophic (M), at the edge of the meso- eutrophic (ME) transition zone. Overall, when considering all the grouped stations, the lake is at an oligo-mesotrophic level. The northeastern section of Fitch Bay is a distinct body of water separated from the rest of the lake. It is unlikely that the trophic status of the lake will change significantly following the final correction of historical phosphorus data.

Table 2-3. Average total phosphorus (TP) concentrations and trophic status at Lake Memphremagog stations Station Average Total Trophic Status Phosphorus Concentration (µg/L) 1999- 2002- 2018 1999- 2002- 2018 2018 2018 2018 2018 M249 (03020249) 12.8 12.5 11.7 OM OM OM M94 (03020094) 11.4 11.1 10.5 OM OM OM M96 (03020096) 11.7 11.4 9.5 OM OM OM M92 (03020092) 11.2 11.0 13.0 OM OM OM M91 (03020091) 10.4 10.4 7.9 OM OM OM M95 (03020095) 9.4 9.4 7.4 OM OM OM M246 (03020246) 9.7 9.8 7.7 OM OM OM M90 (03020090) 9.8 9.7 8.1 OM OM OM M73 (03020073) - 11.4 8.8 - OM OM M93 (03020093) 20.2 19.4 21.1 ME M ME Grouped stations 11.9 11.7 10.6 OM OM OM OM: Oligo-mesotrophic, M: Mesotrophic, ME: Meso-eutrophic

The trophic status signal given by the concentration of chlorophyll is not as homogeneous (Table 2.4). In the southern sections, at the latitude of Fitch Bay and the center of the lake (M249, M94, M96, M92 and M91), the average measured concentrations are at a mesotrophic lake level for the three periods considered, with the exception of the M91 station at the center of the lake which was at an oligo-mesotrophic level in 2018 (Table 2.4). In the sections of Sargent Bay, the northern portion of the lake and the outlet (M95, M246, M90 and M73), the average concentration corresponds to a lake with an oligo-mesotrophic level. Although the average lake concentration is generally mesotrophic, there appears to be a significant decrease between the southern and northern portion of the lake, which is approximately at the latitude of M91. As with phosphorus, the northeastern portion of Fitch Bay is much more degraded and has a eutrophic status according to the chlorophyll concentration.

Table 2-4. Average concentrations of chlorophyll-a and trophic status at Lake Memphremagog stations. Station Average Trophic Status Chlorophyll-a

Concentration (µg/L) 1999- 2002- 2018 1999- 2002- 2018 2018 2018 2018 2018 M249 (03020249) 4.5 4.4 4.0 M M M

M94 (03020094) 4.2 4.1 3.9 M M M

M96 (03020096) 4.2 4.1 3.5 M M M

M92 (03020092) 4.4 4.3 3.7 M M M

M91 (03020091) 3.7 3.7 2.9 M M OM M95 (03020095) 3.0 3.0 2.8 OM OM OM M246 (03020246) 3.4 3.4 3.0 OM OM OM M90 (03020090) 3.0 2.7 2.6 OM OM OM M73 (03020073) - 3.1 2.6 - OM OM M93 (03020093) 11.2 10.9 13.6 E E E Grouped stations 4.7 4.4 4.3 M M M OM: Oligo-mesotrophic, M: Mesotrophic, ME: Meso-eutrophic

There is a mismatch in the phosphorus concentration data between Vermont and Quebec at the M249 joint station in the south basin, while the concentrations of chlorophyll are similar. For both Quebec and Vermont data, there is a difference in the trophic status signal between phosphorus and chlorophyll, but this is inverted in both sets of data. Phosphorus shows greater eutrophication compared to chlorophyll in the Vermont results, whereas it is the opposite with Quebec data in this portion of the lake. This is due to the upward mismatch between Vermont TP results compared to Quebec, as well as the difference in trophic status scales. However, the consistency of the trophic status signal from chlorophyll data between the two monitoring programs at this station should be noted. Although both are related, the chlorophyll concentration is a variable that expresses the effects of eutrophication more than total phosphorus.

Evolution of water quality A temporal trend analysis by station and for the grouped stations was performed on the total phosphorus and chlorophyll data for the periods 1999 to 2018 and 2002 to 2018 using the Mann- Kendall test and the linear regression on the annual average concentrations. Considering results between the two methods are broadly concordant, only those of the Mann-Kendall test are presented. Overall, for all combined stations, there is a statistically significant decrease in total phosphorus concentration for the period 1999 to 2018 (Table 2-5). Although the decline is visually apparent also for the period 2002 to 2018 (Figure 2-8), it is slightly above the significance level α of 0.05. On the other hand, the analysis by station highlights a lack of statistically significant trend for the vast majority of them, despite the fact that graphically there is an appearance of decrease for other stations, as also reflects the relatively low error probability level α. The strongly significant decline at M96 off Fitch Bay and the decline at M94 at the border for the period 1999 to 2018 stand out. The high results of the year 2000 (Figure 2-8) explain in part the significant decrease over the period 1999 to 2018 for the grouped stations. The results for Quebec and Vermont at the M249 station in the southern basin are consistent.

Table 2-5. Mann-Kendall trend test results of average annual TP concentrations at Memphremagog Lake stations. Station 1999-2018 Trend 2002-2018 Trend Tend. P Tend. p M249 (03020249) → 0.064 → 0.484 M94 (03020094) ↘ 0.015 → 0.064 M96 (03020096) ↘ 0.002 ↘ 0.007 M92 (03020092) → 0.315 → 0.434 M91 (03020091) → 0.230 → 0.202 M95 (03020095) → 0.056 ↘ 0.036 M246 (03020246) → 0.417 → 0.232 M90 (03020090) → 0.206 → 0.108 M73 (03020073) - - → 0.392 M93 (03020093) → 0.974 → 0.108 Stations groupées ↘ 0.012 → 0.064 → : no significant trend, ↘ : significant downward trend

µg/L) ( 12

4 TP TP average concentration 2

Year

µg/L) 12

4 TP TP average concentration ( 2

Year

Figure 2-8. Average annual PT concentrations for the periods 1999-2018 (9 stations, top graph) and 2002-2018 (10 stations, bottom graph).

Uncertainty about the accuracy of the total phosphorus corrected data at this stage implies that results of the trend analysis should be interpreted cautiously. Small changes in the correction

models could switch the result of the statistical analysis. At this time, it can be interpreted that the phosphorus concentration in Lake Memphremagog is either stable or slightly decreased.

On the other hand, the results of the trend analysis on chlorophyll data leave no ambiguity on the stability of this important water quality variable with respect to eutrophication (Table 2-6, Figure 2-9). The results are definitely insignificant at all stations and grouped stations for the two periods of analysis. Only site M96 off Fitch Bay is approaching the α threshold of 0.05 for the period 1999- 2018. This is the station and the period when phosphorus decline is the most significant (p = 0.002). Chlorophyll results are consistent with those from Vermont at M249 at the south basin.

Chlorophyll data indicate that the trophic status of Lake Memphremagog has not changed since the early 2000s. Due to the stability in the method used for the determination of chlorophyll-a and given that the data from TP and chl-a are paired, these results support the finding of stability in phosphorus concentration, or a decline with insufficient magnitude to also be reflected in the algal biomass indicator.

Table 2-6. Mann-Kendall trend test results on annual average chlorophyll-a concentrations at Memphremagog Lake stations. 1999-2018 Trend 2002-2018 Trend Station Trend p Trend p M249 (03020249) → 0.495 → 0.484 M94 (03020094) → 0.529 → 0.902 M96 (03020096) → 0.080 → 0.266 M92 (03020092) → 0.294 → 0.837 M91 (03020091) → 0.552 → 0.458 M95 (03020095) → 0.600 → 0.621 M246 (03020246) → 0.441 → 0.650 M90 (03020090) → 0.916 → 0.458 M73 (03020073) - - → 0.964 M93 (03020093) → 0.576 → 0.127 Grouped station → 0.944 → 0.484 → : no significant trend

6 )

µg/L 5

a average average a concentration (

- Chl 1

Year

6 )

µg/L 5

a average average a concentration (

- Chl 1

Year

Figure 2-9. Average annual concentrations of chlorophyll-a for the periods 1999-2018 (9 stations, top graph) and 2002-2018 (10 stations, bottom graph).

2.2.2.2. Lake Memphremagog water quality data: Vermont monitoring sites

According to the 2018 Vermont DEC Lake Score Card water quality trend analyses (Figure 2-10), Lake Memphremagog is stable overall in since 1985 based on summer Lay Monitoring total phosphorus (TP) and chlorophyll-a (Chla). In addition, Secchi depth sampling has shown a statistically significant decrease in water clarity but results have been variable over time. However, summer and spring TP levels from the main lake with samples taken from Whipple Point Station/Memph 03 (Figure 2-10) remain consistently above the VDEC standard of 14 μg/L, but indicate recent improvement. Samples taken from the South Bay Station (Figure 2-11) show statistically stable trends, and TP typically below the VDEC standard of 25 μg/L. The TP standard for the main lake and South Bay are different based on the characteristics of the lake segment, including the depth and mixing.

For more information on how to read the Lake Score cards or how the data is calculated for Figure 2-10 and 2-11, please see: https://dec.vermont.gov/sites/dec/files/wsm/lakes/docs/2017%20How%20Lakes%20are%20Scor ed_final%20Apr%2012.pdf

Total nitrogen has also been sampled by VDEC biweekly as part of a TMDL monitoring study from 2005 through 2012, and annually as part of the spring phosphorus monitoring program. Average total nitrogen concentrations from over 980 samples from 2005 through 2018 at sites Memph 03 and Memph 04 in Vermont were 0.31 mg/L at both locations. These nitrogen levels are generally considered low. The average of the nitrogen to phosphorus ratios for the lake based on the spring phosphorus monitoring program from 2009 – 2017 was 24 to 1 and lakes with ratios below 20 to 1 are more likely to support cyanobacteria blooms particularly in warm water.

Figure 2-10. Memph 03 Monitoring Station: Lake Memphremagog Score Card Trends and Status Report with data from 1985 through 2018.

Figure 2-11. South Bay Monitoring Station: Lake Memphremagog South Bay Score Card Trends and Status Report with data from 2005 through 2018.

2.3. Nutrient Sources Figure 2-12 and Table 2-7 show the estimated watershed phosphorus loading by land use type for Vermont and Quebec. These results are based on a phosphorus land use export model and are presented in percent loading and metric tons per year (mT/y). This model and the loading estimates were developed by VDEC as a part of the Lake Memphremagog Total Daily Maximum Load (TMDL) for phosphorus, which was finalized by VDEC and approved by the United States Environment Protection Agency (EPA). For more information on the process, models, and results of the TMDL, please see chapter 3, section 3.2.2.2.

Materials are also available online at: https://dec.vermont.gov/sites/dec/files/wsm/mapp/docs/Basin17_TBP_Signed.pdf

It should be emphasized that these phosphorus loading figures are estimates, and that there is significant uncertainty inherent in the modeling process. This model was calibrated based on loading data from the Vermont tributaries only. This means that there is even greater uncertainty in the Quebec figures compared to the Vermont figures; however, the TMDL estimates are currently the most comprehensive available and provide a valuable starting point to discuss additional research needs and opportunities, as well as loading reductions. Descriptions of phosphorus loading by land use type follow Figure 2-12 and Table 2-7; that loading data is also from TMDL estimates.

Figure 2-12. Estimated phosphorus loading by land use type in Lake Memphremagog in metric tons per year (mT/y) and percent loading

Table 2-7. Estimated phosphorus loading by land use type in Lake Memphremagog in metric tons per year (mT/y) and percent loading Estimated loading Estimated loading Total Estimated Land Use Type from Quebec from Vermont Loading Watershed (mT/y) Watershed (mT/y) (mT/y) Crop 1.7 7.4 9.1 Developed Land 3.3 4.5 7.8 Dirt Roads 2.2 4.3 6.5 Farmstead 0.5 3.8 4.3 Forest/Shrub 2.3 4.9 7.2 Golf 0.2 N/A 0.2 Hay 1.9 9.8 11.7 Pasture 1.3 3.0 4.3 Paved Roads 0.3 0.6 0.9 Septic 1.0 1.3 2.3 Stream N/A 10.8 10.8 Water/Wetland 1.2 1.5 2.7 WWTF 0.2 0.6 .8 Total estimated 16.1 52.7 68.7 loading

2.3.1. Agricultural Sources - TMDL estimates

On the Vermont side of the watershed, runoff from agricultural lands is the largest source of phosphorus loading into the tributaries of Lake Memphremagog (VDEC, 2017c).

Based on the TMDL model, is it estimated that agricultural runoff from the Vermont watershed contributes 24 mT/y of phosphorus into Lake Memphremagog or 45.6% of the total Vermont loading. Agriculture in Quebec is estimated to contribute 5.4 mT/y of the phosphorus or 33.4% of total Quebec loading.

2.3.2. Developed Lands- TMDL NEWSVT Coventry Landfill estimates Concerns were expressed about the potential phosphorus loading from Developed Lands are estimated to contribute 10.7 the New England Waste Services of mT/y or 20.5% of the total phosphorus loading from Vermont, Inc. (NEWSVT) Coventry Landfill and associated leachate Vermont to Lake Memphremagog which comes from treatment in the watershed as part of developed parcels, dirt roads, paved roads, and private the stakeholder survey. Construction and operational stormwater permits septic. In the Quebec watershed, developed lands are are in place for this facility which the largest sources of phosphorus estimated to require treatment practices that limit potential phosphorus loading from contribute 6.8 mT/y or 42.2% of the total loading from stormwater runoff. The Coventry Quebec. Landfill also accounts for less than one percent of the impervious surface area in the Vermont portion of the 2.3.3. Point Sources- TMDL estimates watershed not related to roads. The Newport WWTF has received Vermont has four Municipal Wastewater Treatment leachate from the Coventry Landfill, but the WWTF has a permit limitation Facilities (WWTF) that discharge into the Lake on phosphorus loading and treatment Memphremagog watershed. Combined, these facilities designed to remove phosphorus. There are no indications that are estimated to contribute 0.6 mT/y or 1.2% of the phosphorus loading has increased total Vermont phosphorus loading into Lake with the treatment of leachate at this facility and phosphorus loading levels Memphremagog (Figure 2-12). The largest of these have remained far below what is WWTF is located in Newport City, with the three permitted for this WWTF (VDEC 2017b). Based on this analysis there others in Barton, Brighton, and Orleans (a village under is no indication that the Coventry the municipal jurisdiction of Barton, Vermont). The Landfill or its leachate is a significant source of nutrients to Lake Quebec portion also has four WWTF that discharge Memphremagog. into the Lake Memphremagog watershed: two in the municipality of Stanstead Township (Fitch Bay and Georgeville), one in Saint-Benoit-du-Lac and one in the municipality of Orford Township (Vezina & Desilets, 2009; Orford, 2018). WWTF in Quebec are estimated to contribute 0.2 mT/y or 1% of the total phosphorus loading from Quebec. Table 2-8 shows the annual phosphorus load estimates in kg/year from all the WWTF in the watershed. These values were used to estimate loading in the TMDL model with updates for the St. Benoit and Orford facilities which were upgraded after the TMDL modeling was completed.

Table 2-8. Annual phosphorus load estimates for each WWTF WWTF Annual phosphorus load estimates (kg/year) Barton (VT) 113 Brighton (VT) 295 Fitch Bay (QC) 10 Georgeville (QC) 1 Newport (VT) 391 Orford (QC) 104 Orleans (VT) 35 St-Benoit (QC) 3

2.3.4. Recreational Sources- TMDL estimates

Currently, Vermont does not have an estimate of the phosphorus loading from specific recreational sources included in the TMDL. The only contributing recreational source accounted for in the TMDL in Vermont would be golf courses, of which there are three within the Memphremagog watershed; however, phosphorus from golf courses is accounted for in the developed lands portion of the Vermont TMDL model. There are no downhill ski areas within the watershed in Vermont and two in Quebec (Owl’s Head and Orford Mounts). In Quebec, it is estimated that the six golf courses contribute 0.2 mT/y of phosphorus or 1.5% of the total Quebec loading. Another recreational source of nutrients in Lake Memphremagog that was not estimated in the TMDL model is the loading from boating activities. Boating practices causes shoreline erosion within 300 m or less of the shore, and the resuspension of sediments in shallow areas of the lake (Mercier- Blais & Prairie, 2014; Raymond & Galvez-Cloutier, 2015). The impact of black waters discharge from boats on the lake is unknown, but free public discharge stations are located only at the two extremity of the lake, in Magog and Newport.

2.3.5. Other-TMDL estimates

Other sources of phosphorus contribute 17.2 mT/y or 32.7% of the total Vermont loading into Lake Memphremagog. Using TMDL estimates, this breaks down to 2.8% from water/wetlands,

9.4% from forests/shrubs, and 20.5% from stream channel erosion. Stream channel erosion is primarily caused by conversions from natural land to cleared land or agricultural land. In Quebec, loading from forest/shrubs and water/wetlands are estimated to contribute 3.5 mT/y or 21.9% of the total loading from Quebec. Which breaks down to 7.5% from wetland/water and 14.4% from forest/shrub. Loading estimates from stream channel erosion in Quebec were not calculated in the TMDL. In Vermont, the majority of phosphorus loading from the stream channel erosion was estimated to come from the lowest reaches of the Black and Barton Rivers of which there are not any rivers of a similar size in the Quebec portion of the watershed. For this reason, it is not expected that stream channel erosion would be a significant loading source for the Quebec portions of the watershed but additional analysis is needed to confirm.

2.4. Effects of Nutrients on the Lake Memphremagog Ecosystem While eutrophication can be a natural process of aging of lakes characterized by an increase in the productivity of a lake, excessive inputs of nutrients (particularly phosphorus, which is the principal limiting nutrient for algae) from human activities can have several negative effects on aquatic ecosystems, like Lake Memphremagog: i) the decrease in biodiversity and changes in dominant biota; ii) the decline in ecologically sensitive species and increase in tolerant species; iii) the increase in plant and animal biomass; iv) the increase in turbidity; v) the increase in organic matter, leading to high sedimentation; vi) the development of anoxic conditions (Environment Canada, 2004).

2.4.1. Cyanobacteria blooms

Cyanobacteria, also known as “blue-green algae”, are aquatic prokaryotes that under the right conditions can form blooms, which refer to the result of a massive proliferation phase, resulting in a significant appearance of biomass, that may persist longer or shorter depending on the case (Lavoie et al., 2007b). Under certain conditions, cyanobacteria rise to the surface and accumulate in the form of scum. The scum can then be swept by the wind and can concentrate near the shore. Some species are capable of producing toxic compounds known as cyanotoxins. The contact, the ingestion or the inhalation of cyanobacteria or cyanotoxins can affect the health birds, fish, and other wildlife, as well as humans. When heavy, cyanobacteria blooms can impact swimming, other

recreational activities and water supply uses, and some beaches may be closed to swimmers. The cyanotoxins can be difficult to remove from water without specific treatment systems (Ellis, 2009).

Phosphorus is generally the principal nutrient responsible for cyanobacteria blooms (Lavoie et al., 2007b). Some meteorological factors also influence the accumulation of cyanobacteria by affecting the thermic stratification of lakes: calm periods and high temperatures favour the stability of the water column which benefit the cyanobacteria. While phosphorus and the stability of the water column seem to be the main factors responsible for the cyanobacteria proliferation, nitrogen is also a determining factor in the production of the toxins according to several studies (Lavoie et al., 2007b). Climate change can stimulate the formation of algal blooms by increasing water temperatures and precipitation peaks. Several species of cyanobacteria will further develop when the waters are warmer. In addition, precipitation peaks leach soil and lead to more phosphorus in water bodies.

Between 2006 and 2018, 145 cyanobacteria bloom observations have been reported by citizens, organizations or municipalities to the Ministry of Environment and Fight against Climate Change (MELCC, Ministère de l’Environment et de la Lutte contre les Changements Climatiques) on the Quebec side of Lake Memphremagog (Appendix 2-5). The most bloom observations have been reported are in Fitch Bay (38), Greene Bay (26) and Magog Bay (19), particularly in 2007 (18), 2008 (30) and 2012 (20). Not all the 145 reported cyanobacteria blooms have been monitored to be confirmed by the MELCC. The MELCC considers that 20,000 cells/mL reflects the presence of a bloom. From 2004 to 2018 inclusively, 39 samples confirmed the presence of a cyanobacteria bloom (≥20,000 cells/mL) on the 149 samples analyzed with microscope by the MELCC (MELCC, 2019, unpublished data).

Between 2006-2017 there were 11 observations of cyanobacteria made by Cyanobacteria Volunteer Monitors on the Vermont portion of Lake Memphremagog. The results presented do not necessarily mean that the issue of cyanobacteria is more important on the Quebec portion of the lake. Cyanobacteria monitoring and sampling methods are different in Quebec and Vermont and the results are not comparable. Appendix 2-5 lists the date and location of recorded observations. Full data sets are available as part of the annual summaries of Vermont’s volunteer monitoring data from 2012 to the present is available online at: http://www.healthvermont.gov/tracking/cyanobacteria-tracker .

2.4.2. Hypoxia

Hypoxia, or low oxygen, is commonly defined as dissolved oxygen levels at or below the 2-3 mg/L range (Arend, 2011). It occurs in the bottom layer (hypolimnion) of some highly productive areas of lakes typically during the late summer. As organic matter such as algae decomposes, bacteria consume oxygen in the water column, leading to oxygen depletion. Insofar as nutrient loading can increase the frequency, density and duration of algal blooms, nutrient loading indirectly increases the frequency and areal extent of hypoxia in lakes. Hypoxia can have negative impact on fish. It can limit fish growth, survival, and reproductive capacity, can lead to shifts in species distribution and, less frequently, lead to fish kills. In extreme cases, anoxia (absence of oxygen) can lead to the release of phosphorus linked to the iron in the sediments and can represent an additional phosphorus load to a water body.

Profiles of dissolved oxygen were taken six times a year between May and August, in 2013 to 2016, at 10 stations in Lake Memphremagog (MCI, 2013a; 2014a; 2015a; 2016a). One of these profiles was also done in October of 2016 at the 10 stations. These results show that hypoxia has never been observed at three of the 10 stations (Magog River, Sargent Bay and the central part of the lake, where the cable of the oximeter do not reach the bottom). Hypoxia has been measured on rare occasions at the bottom of six stations (from one to three times on the 24 sampling days; site 03020090, 03020092, 03020093, 03020094, 03020096, 03020246 of Figure 2-6, see Appendix 2- 6). Hypoxia occurs frequently at only one station, at the last 4m of the south-west station of Fitch Bay, which is around 17m deep (site 03020092). The bottom of this station has low concentrations of oxygen every year from the month of July to the end of the monitoring season. Frequent profiles have been taken in Vermont since 2005 in both South Bay and at two locations in the center of the main lake in Vermont and there have only been isolated occurrences of hypoxia measured at one meter above the bottom in the main lake stations (Memph 03 and Memph 04 of Figure 2-6). The segmented lake model developed for the Lake Memphremagog phosphorus TMDL did not suggest substantial internal phosphorus loading from any lake segments. There is a need to better characterize the potential for internal phosphorus loading particularly with considerations for changes in the length of stratification which may occur with climate change.

2.4.3. Effects on aquatic fauna and flora

When phosphorous becomes too abundant, it causes excessive growth of aquatic plants and affects the composition of aquatic fauna present. It is difficult to characterize the effect of nutrients on wildlife in Lake Memphremagog, because few projects have studied the evolution of the flora and fauna. In 2004 and 2005, the project Operation Healthy Lake described the condition of the littoral zone around Lake Memphremagog (sediments, aquatic plants and green algae) (RAPPEL & MCI, 2005; 2006). The study showed that a number of regions of the littoral zone present a considerable accumulation of fine particles, a proliferation of aquatic plants, significant communities of Eurasian watermilfoil and abundant green algae. In 2015, a study in Fitch Bay showed an increase of aquatic plants coverage on the littoral from 41% to 55 % between 2004 and 2015 (MCI, 2016b).

Since 2002, the Ministry of Forests, Wildlife and Parks (MFFP, Ministère des Forêts, de la Faune et des Parcs) sampled 32 species of fish in Lake Memphremagog including five species of salmonids, as the Lake Trout (Salvelinus namaycush) and the Landlocked Salmon (Salmo salar), indicator species of the environment quality (MFFP, 2018, unpublished data). As explained previously, the algae blooms and the hypoxia can have different impacts on the fish communities. The suspended matters rich in nutrients can also have impacts on wildlife: they can cause abrasion of the gills of fishes, fill in spawning grounds, decrease dissolved oxygen concentrations in the water, and create muddy bottoms favorable to the implantation and growth of aquatic plants. The impacts of the suspended matters are more visible at the mouth of some tributaries of Lake Memphremagog, including Castle Brook and Fitch Brook, where deltas have formed (JFSA, 2016; Beaudin et al., 2017).

Various invasive species are found in Lake Memphremagog, as the Eurasian watermilfoil (Myriophyllum spicatum), curly leaf pondweed (Potamogeton crispus), starry stonewort (Nitellopsis obtusa) and zebra mussel (Dreissena polymorpha) (RAPPEL & MCI, 2005; 2006; VDEC, 2015; Picard & Doyon, 2018). The Eurasian watermilfoil is the more abundant exotic invasive plant in Lake Memphremagog: it is found in nearly the entire littoral zone of the lake (RAPPEL & MCI, 2005; 2006; MELCC, 2018). Curly leaf pondweed is found in various areas around the lake (RAPPEL & MCI, 2005; 2006). Starry stonewort was found in 2015 in Scott’s Cove in the Vermont portion of Lake Memphremagog. It has since spread to South Bay and the main lake in Vermont, but has not yet been found in Quebec (VDEC, 2015a). The establishment

of zebra mussel colonies was confirmed in 2018 in Quebec but have not been found in Vermont (Picard & Doyon, 2018).

2.4.4. Human Health and socio-economic effects

Nutrient loading in an aquatic ecosystem may adversely affect human health and local economy in numerous ways: i) the treatment of potable water may be difficult and costly; ii) the water supply may have an unacceptable taste or odor problem; iii) the water may be injurious to health; iv) the aesthetic/ recreational value of the water body may decrease; v) the macrophyte growth may impede water flow and navigation; vi) important species for the local economy (e.g. salmonids) may disappear (Environment Canada, 2004).

Nutrient loading can have adverse effects on human health of the lake users by increasing the risk of swimmer’s itch (or cercarial dermatitis) and the frequency of the cyanobacteria blooms in Lake Memphremagog. Swimmer’s itch is an immune reaction caused by schistosomes (parasites) found in aquatic snails and birds. It occurs after people are infected by a free-living transmission stage of the parasite (cercaria) which emerge from the snail in search of the next host. The parasite is unable to complete its life cycle in humans, and the cercaria dies in human skin, causing itchy papules lasting up to ten days. The risk of swimmer’s itch in France and Russia has been linked to eutrophication as the nutrients increase the snail and bird population (Locke & Marcogliese, 2005). In Lake Memphremagog, the trends in this infection frequency is unknown, but 23 cases were recorded in the Quebec side of lake Memphremagog during the summer of 2013 (MCI, 2013b).

Concerning cyanobacteria impacts on human health, for the Province of Quebec, the health standard is 1.5 µg/L of the microcystin-LR (MC-LR) equivalent toxicity for drinking water by the Regulation respecting the quality of drinking water (Règlement sur la qualité de l’eau potable, Chapitre Q-2, r. 40) from the Environment Quality Act (LQE, Loi sur la qualité de l’environnement). Guideline for swimming and other recreational water activities is less than 16 µg/L MC-LR equivalent toxicity (INSPQ, 2017). An epidemiologic study done in three lakes in the Province of Quebec showed that the risk of severe gastrointestinal symptoms occurring during recreational activities with direct or indirect contact with water, increases according to cyanobacteria abundance classes: less than 20,000 cel./mL; from 20,000 to 100,000 cel./mL; and more than 100,000 cel./ml (Lévesques et al., 2014).

The microcystin-LR equivalent toxicity concentrations in cyanobacteria blooms in Lake Memphremagog were evaluated by the MELCC between 2004 and 2018 (Quebec/Vermont Steering Committee, 2008; MELCC, 2018, unpublished data). On the 39 cyanobacteria samples confirmed for blooms by microscope (≥20 000 cells/mL), 30 were analyzed for microcystins. The microcystin results were:

• 17 samples without microcystin detection; • 8 samples with microscytin detection but lower than 1.5 µg/L MC-LR equivalent toxicity; • 4 samples from 1,5 µg/L to less than 16 µg/L MC-LR equivalent toxicity. Note that 1,5 µg/L maximum shouldn't normally be apply for lake water. That’s a standard for drinking water. Then, the standard value should be applied at the faucet water after water treatment; • 1 sample over recreational guideline of 16 µg/L MC-LR equivalent toxicity.1

To prevent the effects of cyanobacteria blooms on human health, the Ministry of Health and Social Services (MSSS, Ministère de la Santé et des Services sociaux) recommends to stay 3m away from a cyanobacteria bloom, avoid contact with it, avoid any activities of direct or indirect contact with water 24 hours after it disappearance, and to rinse quickly with uncontaminated water after an inadvertent contact (Gouvernement du Québec, 2019a).

The incidence of cyanobacteria blooms can also have socio-economic effects on the users of the lake. Preventive drinking water avoidance advisories had been issued in 2007 in Potton and Saint- Benoit-du-Lac (MDDEFP, 2014). Some residents around the lake who own individual water intake may have avoided or stopped to use Lake Memphremagog as their drinking water source. Public preventive warnings and beach closures are sometimes issued in swimming areas in both Quebec and Vermont. The last warning issued because of the presence of cyanobacteria blooms was between July 1st and July 4th, 2018 for a beach at Magog (Doyon, S., MCI, 2019, pers. com.). The impact off the cyanobacteria blooms on the property values around Lake Memphremagog are unknown, but a decrease of the value of the properties have been observed around other water bodies (Blais, 2002).

1 Note that cyanobacteria densities and cyanotoxins concentrations change quickly in time and space. Then, those results show pictures for specific times and days and specific locations in lake.

It is difficult to measure how the increase of the aquatic plant cover and of the suspended matter concentrations (which affect the esthetic quality of the water) affect the recreation, tourism, and property values around Lake Memphremagog. One socio-economic effect example is the reduction of the boating practice in some areas. A segment of Castle Brook was straightened in the beginning of the 1960s to allow boating to Lake Memphremagog (JFSA, 2016). The capacity to navigate in this tributary was a relevant incentive to purchase a residence for whom arrived after this significant modification of Castle Brook. Since then, the brook began to fill with sediments mainly because of a normal morphological readjustment of the straightened segment (JFSA, 2016). The boating practice is now threatened in this area. It is estimated that best management practices would reduce sediment loading of 5 to 15% of the total annual loading and will allow to extend the boating practice in this area (JFSA, 2016).

Appendix 2-1 Bathymetry of Lake Memphremagog

Appendix 2-2 Lake Memphremagog Watershed: Steep slopes and elevation areas higher than 350m

Appendix 2-3 Map of Lake Memphremagog Watershed Land Use

Appendix 2-4 Protected Areas in Lake Memphremagog Watershed, Canada and United States

Note: In Quebec, the entire superficies of the protected areas are shown on the map, when in Vermont, the superficies inside the watershed appear. In Quebec, a differentiation between private and public protected areas is available.

Appendix 2-5 Reported Cyanobacteria Observations on Lake Memphremagog, Canada and United States

Table 2-9. Reported Cyanobacteria Observations in the Quebec portion of Lake Memphremagog, 2006-2018

Date Location 08-25-2006 Cedarville Dock 10-06-2006 Carlton Oliver Road Potton; Greene Bay 11-10-2006 Southière Beach 06-18-2007 Greene Bay 06-25-2007 Greene Bay 07-03-2007 Forand landing Fitch Bay 07-10-2007 Fitch Bay; Greene Bay 07-31-2007 Greene Bay 08-02-2007 Macpherson Bay 09-18-2007 Marina Fitch Bay 09-23-2007 Channel Bay 09-27-2007 Carlton Oliver Road Potton; Entrance of Fitch Bay at the tip of the Wetstone Island 10-18-2007 Greene Bay 10-19-2007 Greene Bay 11-04-2007 Viens Road Magog 10-05-2007 Sargent Bay; Quinn Bay; Knowlton landing 10-06-2007 Between the Abbey and Bryant's landing 06-22-2008 Channel Bay; Greene Bay 06-23-2008 Channel Bay; Greene Bay; Saint-Benoît-du-lac 06-25-2008 Between Southière-sur-lel-lac and Cummins Bay; Channel Bay; Greene Bay 06-26-2008 Hermitage Club; De l'Anse Bay; Marina Magog 06-27-2008 Hermitage Club; Fitch Bay 06-29-2008 Knowlton Landing; Greene Bay 07-06-2008 Bullis Point 07-20-2008 From Cummins Bay to Bryant’s Landing Austin 08-05-2008 Fitch Bay 08-11-2008 Greene Bay 09-13-2008 From Owl’s Head to Newport; Fitch Bay 09-23-2008 Villas de l’Anse 10-13-2008 East side of Magoon Point, Hermitage Club 10-15-2008 Hermitage Club 10-18-2008 From Southière Beach to Bryant's landing 10-26-2008 Greene Bay 10-27-2008 Greene Bay 11-06-2008 Sargent Bay 11-08-2008 Greene Bay 06-19-2009 Fitch Bay 06-23-2009 Greene Bay 06-28-2009 Greene Bay 07-09-2009 des Cantons Beach 10-04-2009 Greene Bay 06-13-2010 Channel Bay; Bryant's landing; Greene Bay; Sargent Bay; Southière Beach; Marina Saint-Benoît; 06-14-2010 Fitch Bay 06-18-2010 Marina Saint-Benoît; William Abbott Road Potton 06-22-2010 Quinn Bay

06-10-2011 Bryant's Landing 07-19-2011 All the lake 07-28-2011 Marina Merry Club 09-20-2011 Fitch Bay (Forand Park) 09-25-2011 Owl's Head until the US border 10-19-2011 Fitch Bay 10-27-2011 Fitch Bay 11-15-2011 Greene Bay 11-24-2011 Fitch Bay (Bombardier Road) 12-06-2011 Sargent Bay 07-01-2012 From Magog to Sargent Bay; Greene Bay 07-11-2012 All the lake 07-13-2012 Greene Bay 07-15-2012 William Abbott Road Potton; Beach Ouest Macpherson Dock 07-16-2012 Knowlton Landing Road 07-20-2012 Fischer Road Austin; 07-21-2012 Descente 22 Ogden 07-23-2012 Descente 22 Ogden 07-28-2012 Vale Perkins Dock 07-29-2012 Fitch Bay 08-09-2012 Fitch Bay 08-24-2012 Narrow Road Fitch Bay 09-02-2012 Magoon Point; Fitch Bay 10-02-2012 Fitch Bay; Lime Kiln Bay 10-12-2017 Fitch Bay (Bosquets fleury Road) 10-26-2012 Magog Bay 06-13-2013 De l'Anse Bay; Sargent Bay; Greene Bay; Center of the lake near Lord Island 06-26-2013 Greene Bay; Sargent Bay 06-27-2013 Greene Bay 07-22-2013 Sargent Bay 08-17-2013 Fitch Bay 10-12-2013 Viens Road Magog 10-29-2013 Owl's Head 07-30-2014 Magog Bay 09-19-2014 Fitch Bay 11-17-2014 Fitch Bay 06-30-2015 Marina Merry Club 07-07-2015 Magog Bay (De l'Ouest Beach) 07-25-2015 Fitch Bay 07-29-2015 Fitch Bay 08-07-2015 Fitch Bay (Forand Park) 08-08-2015 Fitch Bay (North-East) 08-22-2015 Fitch Bay (North-East) 09-01-2015 Fitch Bay (North-East) 09-02-2015 Fitch Bay (Bosquet Fleury Road) 09-21-2015 Fitch Bay (Bosquet Fleury Road)

06-25-2016 All the lake 06-28-2016 Greene Bay 06-29-2016 Merry sud Road Magog 07-12-2016 Greene Bay; Bryant Landing; Glassford Road 08-02-2016 Fitch Bay (North-East) 08-09-2016 Fitch Bay (Bedwell Road) 08-20-2016 Fitch Bay (North-East) 09-02-2016 Marina Merry Club 06-19-2017 Magog Bay (De l'Ouest Beach and De l'Est Beach) 06-20-2017 Arrow Head Road Stanstead 06-27-2018 Greene Bay; Sargent Bay; Castle brook; Merry Point 06-29-2018 Sargent Bay; Yacht Club Bay 06-30-2018 Fitch Bay; Magoon Point 07-04-2018 Marina Merry Club 08-07-2018 Fitch Bay (North-East) 08-12-2018 Narrow Road Fitch Bay 08-27-2018 Fitch Bay (North-East) 09-14-2018 Fitch Bay (MELCC, 2018, unpublished data)

Table 2-10. Reported cyanobacteria in Vermont portion of Lake Memphremagog by volunteer monitors, 2006-2017

Date Location 08-17-2006 Eagle Point 09-12-2006 Newport waterfront 06-09-2010 Derby Bay 10-12-2010 Prouty Bay 10-26-2010 North Derby Bay 10-24-2011 Eagle Point WMA 10-02-2012 Newport and east shore just south of the border 09-23-2015 Derby Bay 09-27-2016 Eagle Point WMA 09-12-2017 Newport City Dock 09-14-2017 Newport City Dock (Vermont Department of Health, 2018; K Lambert, Pers. Comm, 2018)

Appendix 2-6 Dissolved oxygen concentrations at 8 stations of Lake Memphremagog between 2014 and 2016 (see Figure 2-6 for the localization of the stations)

Chapter 3 Summary Review of existing management efforts

Chapter 3 is a summary of the current efforts to reduce nutrient loading in the Memphremagog Watershed. This chapter includes details by country on stakeholders, laws and regulations, as well as current best management practices and programs to reduce nutrient loading. Canada - Review of existing management efforts Stakeholders working in Canada include federal, provincial, and municipal governments, non- governmental organizations, and private sector. For a list of stakeholders, please see Appendix 3-1. The table below shows the major federal, provincial, and municipal laws and policies that regulate or affect nutrient loading in the Quebec portion of the Memphremagog Watershed.

Federal Provincial Municipal Fisheries Act: 1985 Quebec Environment Quality Act (LQE, Loi sur la qualité Memphremagog MRC de l’environnement): 1972 Land Use Planning and Development Plan: 1999

Canada Water Act: Protection Policy for Lakeshores, Riverbanks, Littoral Zones Zoning By-Laws 1985 and Floodplains (PPRLPI, Politique de protection des rives, du littoral et des plaines inondables): 1987 Canada Shipping Act: Natural Heritage Conservation Act (LCPN, Loi sur la Subdivision By-Laws 1985, repealed 2001 conservation du patrimoine naturel): 2002

Canadian Quebec National Water Policy (PNE, Politique nationale de By-Laws respecting Environmental l’eau): 2002 septic systems Protection Act: 1999 management

Act Affirming the Collective Nature of Water Resources and By-Laws on Promoting Better Governance of Water and Associated Comprehensive Environments (Loi affirmant le caractère collectif des Development Plans ressources en eau et visant à renforcer leur protection): 2009 Quebec Sustainable Forest Development Act (LADTF, Loi sur l’aménagement durable du territoire forestier): 2013 Quebec Wetland and Water Environments Conservation Act (LCMHH, Loi concernant la conservation des milieux humides et hydriques): 2017 Quebec Water Strategy (SQE, Stratégie Québécoise de l’eau): 2018

The Quebec Water Strategy (SQE, Stratégie Québécoise de l’eau) announced by the government of Quebec in 2018 sets out seven policy priorities and 23 objectives to ensure the protection, use, and management of water and aquatic environments. The Strategy is developing several measures to reduce erosion and nutrient loading in the water bodies of Quebec. In 2019, the Quebec government programs to reduce erosion and nutrient loading include:

Programs Description

Enhanced Drinking Water Source Protection Analyzes the vulnerability of drinking water sources Program (PPASEP, Programme pour une protection accrue des sources d'eau potable)

Municipal support program for the establishment of Supports municipalities in their sustainable stormwater sustainable storm water management infrastructures management initiatives (PGDEP, Programme de soutien aux municipalités dans la mise en place d’infrastructures de gestion durable des eaux de pluie à la source)

Assistance Program for the Development of a Supports the MRCs in the development of a Regional Regional Wetlands and Bodies of Water Plan Wetlands and Bodies of Water Plan

Restoration and creation of wetlands and waterways Supports the planning and the realization of a restoration Program or creation project of MHH

Prime-Vert Increases the adoption of agri-environmental practices by agricultural enterprises to help improve the quality of the environment and human health.

The following table shows the current water quality monitoring programs, decision support tools, and Best Management Practices (BMP)s in the Quebec portion of the watershed. The table represents major actors and categories of BMPs. Elements of the table are arranged alphabetically, not in order of importance.

Federal Provincial Non-governmental MRC Municipalities government government organizations

MCI

Other lake COGESAF associations Monitoring and research Cyanobacteria Monitoring Program in the lake ● ● ● ● ● Lake Monitoring Program ● ● Tributary Monitoring Program ● ●/$ ● ● River-Network Monitoring program (Cherry river and the outlet) ● Other Lakes Monitoring Program ● ● Tributary Flow Monitoring (Castle Brook) ● Littoral Habitat Characterization ● Decision support tools Land use phosphorus export model $ Criteria for Surface Water Quality ● Water Quality Data Convergence Project $ ● Water Management Plans ●/$ ● Sub-watersheds Environmental Assessments $ $ ●/$ ● ● Conservation Plans of Municipal Territories $ $ $ ● Regional Wetlands and Bodies of Water Plan ●/$ ● BMPs Assistance to implement agricultural BMPs $ ●/$ ● Agriculture Outreach ●/$ ●/$ ● Shorelines protection ●/$ ● ● Municipal or province road assessment, upgrades ●/$ ●/$ ● ● Outreach ● ● ● ● ● ● Developed ● ● Lands Municipal Planning Private septic system management ●/$ Reforestation on developed lands ●/$ ● ● ● Public protected areas ● Voluntary conservation agreements $ $ $ ● Natural Municipal Planning to Protect Natural Lands ● ● ● Lands Shoreline Assessments and Stabilization ● ● ● Forestry BMP implementation, assistance, planning ●/$ ● ● Point WWTF Phosphorus requirement ●/$ ● Sources Boating Best Practices Awareness ● ● ● ● Recreation & Tourism Open-air industry ● ● Ski and Gold industries ● Corrective measures Sediment trapping in tributaries ● Aeration in bays ●

United States - Review of existing management efforts Stakeholders working in the United States include federal, state, and municipal government, non- governmental sectors, and private sector. For a complete list of stakeholders, please see Appendix 3-2. The table below shows the major federal, state, and municipal laws that regulate or affect nutrient loading.

Federal State Municipal

Clean Water Act: 1972 VT Act 250, Land Use and Development Act: 1970 Municipal Zoning

Endangered Species Act: 1973 VT Shoreland Protection Act: 2014 Municipal By- Laws

Farm Bill: Renewed 2018 VT Act 64, Clean Water Act: 2016

VT Act 185, Clean Water Revolving Fund: 2018

VT Act 76, Provision of Water Quality Service:2019

Act 64, Vermont’s Clean Water Act requires the updating or development of a number of regulatory programs and best management practices (BMPs) to reduce erosion and nutrient loading. These programs from Act 64 include:

Program Description

Acceptable Management Practices BMPs that reduce erosion from forestry operations (AMPs)

Municipal Roads General Permit To inventory and reduce erosion from municipal roads

Operational Three-Acre Permit To inventory and reduce stormwater runoff from sites with over 3 acres of impervious surface

Required Agricultural Practices To plan and implement BMPs to reduce impacts of farming on (RAPs) waterways

Transportation Separate Storm Sewer To inventory and reduce stormwater runoff from state transportation System Permit (TS4) network and state transportation facilities

The following table shows the current water quality monitoring programs, decision support tools, and BMPs in the Vermont portion of the watershed. The table represented major actors and categories of BMPs. Elements of the table are arranged alphabetically, not in order of importance.

Federal VT State Municipalities Non-governmental organizations Private Sector

Government Agencies/Departments

VLT

Lake

VDH

MWA

Vtrans Center

VANR

NVDA Citizen

County

Districts

VAAFM

Business/

Landowner

Consultants

Stewardship

Associations

NorthWoods Conservation Volunteers or Monitoring and research Cyanobacteria Monitoring and Reporting ● ● ● ● ● Lake Monitoring Program- Lay program ● ● ● ● ● Tributary Monitoring Program- Volunteer ●/$ ● ● ● ● ● TMDL Tributary and Lake Monitoring ●/$ ●/$ ● Decision support tools Lake Memphremagog TMDL Tracking ● ● ● ● ● Land use phosphorus export model ● ●/$ ● ● ● Tactical Basin Planning $ ● ●/$ ● ● ● ● Stormwater Infrastructure Mapping ● ● Stormwater Master Planning ● ● ● Stream Geomorphic Assessments/ River Corridor Planning ●/$ ● BMPs On-farm implementation of BMPs ●/$ ●/$ ● ●/$ ● ●/$ Agriculture Direct assistance/outreach/planning ● ●/$ ● ● Conservation easements, buffers, habitat restoration ●/$ ●/$ ●/$ ● ● ● ●/$ Municipal or state road assessment, upgrades ●/$ ●/$ ●/$ ● ● ●/$ ● Developed Lake Wise/ Shoreland Assessments ●/$ ● ● ● ● ● ● Lands Instillation and design small/large Green Stormwater Infrastructure (GSI) ●/$ ●/$ ● ● ● ●/$ ●/$ Municipal Planning/ Direct Assistance ● ● ● Habitat/ stream bank restoration, conservation easements ●/$ ●/$ ● ● ● Natural Lands Forestry BMP implementation, assistance, planning- AMP program ●/$ ●/$ ● ● ● ●/$ ●/$

Point Sources WWTF Phosphorus- Optimization program ●/$ ●/$ Recreation & Tourism Trail and water access erosion control ●/$ ●/$ ● ● ●

Chapter 3 Review of existing management efforts Chapter 3 presents a review of the current efforts to reduce nutrient loading in the Memphremagog Watershed. The chapter includes details by country on stakeholders, laws and regulations, as well as current best management practices (BMPs) and programs to reduce nutrient loading.

3.1. Description of watershed’s key stakeholders

3.1.1. Description of the Canadian watershed’s key stakeholders

For a list of Canadian stakeholders, please see Appendix 3-1.

3.1.1.1. Federal government

The Canadian federal government has jurisdiction related to fisheries, navigation, and international relations, including responsibilities related to the management of boundary waters shared with the United States and relations with the International Joint Commission (IJC). It also has responsibilities for agriculture, health and environment, and plays a role supporting aquatic research and technology, in addition to ensuring national policies and standards are in place on environmental and health-related issues (Government of Canada, 2017). The federal government has the authority to pass environmental regulation that may affect nutrient loading and may also direct funding to federal and provincial departments or fund local projects to reduce nutrient loading. Within the Canadian government, various departments and agencies have responsibilities for freshwater, including Environment and Climate Change Canada (ECCC), Agriculture and Agri- Food Canada, Natural Resources Canada, Fisheries and Oceans Canada, Transport Canada and Parks Canada. The main federal department responsible of water quality management is ECCC.

3.1.1.2. Provincial government

According to the Canadian Constitution, the management of natural resources including water is a provincial jurisdiction. The Government of Quebec has several departments that work directly or peripherally on water quality issues: the Ministry of Municipal Affairs and Housing (MAMH, Ministère des Affaires municipales et de l'Habitation), the Ministry of Agriculture, Fisheries and

Food of Quebec (MAPAQ, Ministère de l'Agriculture, des Pêcheries et de l'Alimentation du Québec), the Ministry of Environment and Fight against Climate Change (MELCC, Ministère de l’Environnement et de la Lutte contre les Changements climatiques), the Ministry of Energy and Natural Resources (MERN, Ministère de l’Énergie et des Ressources naturelles), the Ministry of Forests, Wildlife and Parks (MFFP, Ministère des Forêts, de la Faune et des Parcs) and the Ministry of Transport (MTQ, Ministère des Transports). The provincial department responsible of the water management is the MELCC: devising and implementing policies, bills, draft regulations, and programs aimed at preventing and reducing water contamination; overseeing water protection law and regulation enforcement, through authorization and permit application analysis, inspections, inquiries; gathering knowledge about water ecosystems, among others.

3.1.1.3. Municipalities

The Regional County Municipality (MRC, Municipalité régionale de comté) Memphremagog was incorporated on January 1, 1982 by the Quebec Government. It is an administrative entity regrouping seventeen municipalities, including all the municipalities of Memphremagog Watershed, except the municipality of Stanstead-Est which has about 2 km2 of its territory in the watershed. In Quebec, the MRCs are responsible of their territory management, and elaborating and updating a Land Use Planning and Development Plan (SAD, Schéma d’aménagement et de développement) that establishes guidelines for the physical organization of the MRC territory. The MRC Memphremagog also have responsibilities regarding environment, sustainable development, civil security and economic development. It provides outreach and education, research, and field work to meet environmental protection, including water quality.

In Quebec, there are 10 municipalities with at least 1 km2 of their territory within the Memphremagog Watershed (section 2.1.6). Each municipality is responsible to elaborate and update an urban plan that establishes guidelines for the land use at local level. Each municipality has its own town by-laws, zoning laws, and urban plan with policies that may affect nutrient loading. They play an important role regarding water management, particularly in the management of municipal watercourses, the protection of lakeshores, riverbanks, littoral zones and floodplains, the sanitation of municipal wastewater discharges, the control of septic systems for isolated dwellings, and in the production and distribution of drinking water. Some municipalities provide outreach and education and have created Green funds to support local associations for water quality

improvement projects. Three Quebec municipalities in the watershed are operating wastewater treatment facilities. One municipality (the Town of Magog) is operating a hydroelectric power dam downstream of Lake Memphremagog outlet.

3.1.1.4. Non-governmental organizations

Non-governmental organizations include non-profit organizations, cooperatives, and universities. In Quebec, several non-profits engage in activities to provide outreach and education, research, and/or on-the-ground project in effort to improve water quality. In the Memphremagog Watershed, the Saint-Francis River Watershed Governance Committee (COGESAF, Conseil de gouvernance de l’eau des bassins versants de la rivière Saint-François) was founded by the Government of Quebec to implement integrated water management by watershed on St-Francis River zone. The non-profit organizations also include lake and river associations and conservation groups primarily funded through donations, membership fees, municipal contributions, and/or federal, provincial, municipal or foundation grants for specific projects. Memphremagog Conservation Inc. (MCI) is a lake association created in 1967 whose mission is the protection of Lake Memphremagog and its watershed. Several other lake and river associations exist in the watershed as the Association for the Protection and Management of Castle Brook (APARC, Association pour la protection et l'aménagement du ruisseau Castle), the Lake des Sitelles property owners Association (APLS, Association des propriétaires du lac des Sitelles) and the Lake Lovering Conservation Society (SCLL, Société de conservation du lac Lovering). Other non-profit organizations work to conserve natural lands in the watershed as Appalachian Corridor (ACA, Corridor appalachien), Memphremagog Wetlands Foundation (MWF) and the Association du Marais-de-la-Rivière-aux- Cerises (LAMRAC) who works to promote, preserve and enhance the Cherry River wetland.

The Regrouping of Associations for the Protection of Environment of Lakes and Watersheds (RAPPEL, Regroupement des Associations Pour la Protection de l’Environnement des Lacs et des bassins versants) is a solidarity cooperative specialized in environment and water management formed by more than 150 members, including 71 lake and river associations, individuals, and some private companies. RAPPEL has offered expert consulting services since 1997 and has done numerous projects in the Lake Memphremagog Watershed for different associations or municipalities with the objective of improving the water quality.

The following non-governmental organizations provide information and technical support to the agricultural producers and foresters of the watershed: the Agricultural Producers Union (UPA, Union des producteurs agricoles), through the Memphremagog local union, and the Forest Producer Union of the South of Quebec (Le Syndicat des Producteurs forestiers du Sud du Québec) represent the agricultural producers and foresters of the watershed; the Agroenvironmental Club of Estrie (CAEE, Club agroenvironmental de l’Estrie), which provides their clients with agri- environmental expertise and support them in implementing sustainable agricultural practices; and the Agency for the Enhancement of the Private Forest of Estrie (AMFP, Agence de mise en valeur de la forêt privée de l’Estrie) which guides the development of the private forest of the region.

Several universities have also done research in the Lake Memphremagog Watershed, including Concordia, McGill, Sherbrooke, and Quebec University in Montreal (UQAM, Université du Québec à Montréal).

3.1.1.5. Private Sector

The Quebec private sector includes businesses, industries, and forestry group ventures. The businesses or industries of the watershed might have impacts on water quality through runoff such as marinas, landscape businesses, golf and ski industries or through their discharge such as the cheese factory. Although these businesses may not be directly working on efforts to reduce nutrient loading, their activities are regulated to protect water quality or they may implement additional practices to reduce nutrient loading.

The two main forestry group ventures operating on the Quebec territory of Lake Memphremagog watershed are Forestry and Agricultural Management des Sommets inc. (AFA, Aménagement forestier et agricole des sommets inc.) and the Forestry Group Venture of the Haut-Yamaska inc. (GFHY; Groupement forestier du Haut-Yamaska inc.). These enterprises, specialize in the management of forest resources in a context of sustainable development and certified Forest Stewardship Council (FSC), offer forestry services to private forest owners and can help them to implement practices to reduce nutrient loading.

3.1.2. Description of the United States watershed’s key stakeholders

For a complete list of United States stakeholders, please see Appendix 3-2.

3.1.2.1. Federal government

The United States federal government has the authority to pass environmental regulation that may affect nutrient loading. The federal government may also direct funding to federal and state agencies and support the direct dissemination of federal funding to local projects to reduce nutrient loading. The US federal government also oversees federal agencies, all of which have the authority to enforce federal policy and have grant making authority. This includes the US Environmental Protection Agency (EPA), US Fish and Wildlife Service, US Department of Agriculture (USDA), US Geological Survey (USGS), and US Army Corps of Engineers. The National Science Foundation was established in 1950 by the US Congress to support research and science, including environmental research and education. Further, EPA, under the Federal Clean Water Act, sets surface water quality standards and regulates discharges of pollutants into US waterways.

3.1.2.2. State government

The Vermont state government is responsible for passing state laws and supporting state agencies that work to improve water quality and reduce nutrient loading. The state also regulates, maintains, and oversees various funding sources for non-profits, universities, and municipalities for clean water projects. The state of Vermont has three major agencies that work on water quality issues: Vermont Agency of Natural Resources (VANR), Vermont Agency of Agriculture, Food, and Markets (VAAFM), and Vermont Agency of Transportation (VTrans). All state agencies have the authority to issue permits and monitor municipal and individual activities as it pertains to enforcing state policy. In some instances, the state has the authority to act for the federal government in permitting. For example, the state of Vermont has assumed authority to issue federal National Pollutant Discharge Elimination System (NPDES) permits to regulate point-source pollution discharge into Vermont surface waters (VDEC, 2018f).

3.1.2.3. Municipalities

In Vermont, there are 25 municipalities and gores within the Memphremagog Watershed (section 2.1.6). Each municipality has its own town by-laws, ordinances, zoning laws, and town plans with policies that may affect nutrient loading. Further, towns are responsible for maintaining town roads and infrastructure, as well as maintaining and operating wastewater treatment facilities in the watershed. There are three gores with land in the Memphremagog Watershed, which are

unincorporated towns that have joined together for administrative purposes as the Unified Towns and Gores.

3.1.2.4. Non-governmental organizations

Non-government organizations in Vermont consist of universities and non-profit organizations. Universities engage in research, education, and on-the-ground projects. Non-profits range in their activities from providing outreach and education, to research, to direct assistance to meet water quality goals. Non-governmental organizations working in the Memphremagog watershed include lake and watershed associations, conservation districts, and recreational and conservation groups. Non-profits are funded primarily through donations, membership fees, and/or federal, state, or foundation grants.

3.1.2.5. Private Sector

The private sector stakeholders include businesses or industry that benefit from or impact water ways such as marinas, forestry, agriculture, development, and hydroelectric power generation. Although these businesses may not be directly working on efforts to reduce nutrient loading, their activities may be permitted and regulated by state agencies to protect water quality and business may implement stewardship practices along with business activities to reduce nutrient loading.

3.1.3. Quebec-Vermont Steering Committee

The Environmental Cooperation Agreement on Managing the Waters of Lake Memphremagog was signed by Vermont Governor James Douglas and Quebec Premier Jean Charest in 2003 (Gouvernement du Québec & Gouvernement du Vermont, 2003). This agreement recognized the earlier work done by the Quebec-Vermont Working Group since the agreement of 1989 and established the new Quebec-Vermont Steering Committee to continue assessment and protection work on the lake.

The Quebec Vermont Steering Committee has been meeting since 2004 and is comprised of Canadian and US Stakeholders including members from provincial/state governments, municipalities, and basin organizations from Vermont and Quebec. There are binational cochairs and meetings are held twice per year. At the meetings, stakeholders present scientific findings,

emerging or resolved issues, management practices, current projects, and topics of general interest for the watershed. There is also a Quebec Vermont Technical Subcommittee, comprised of binational watershed science experts, and is a forum for deeper conversations into scientific considerations.

3.2. Inventory of nutrient management efforts

3.2.1. Inventory of Canadian nutrient management efforts

3.2.1.1. Water quality protection Policies, Acts and Laws a) Federal legislative framework

When the management of natural resources including water is a provincial jurisdiction, the federal government is responsible for navigable and transboundary waters and the protection of fish habitat (Government of Quebec, 2017). Various Canadian Acts apply to the water domain: Canadian Fisheries Act (R.S.C., 1985, c. F-14), the Canada Water Act (R.S.C., 1985, c-11), the Canada Shipping Act (R.S.C., 1985, c. S-9, Repealed, 2001, c. 26, s. 332), the Canadian Environmental Protection Act (S.C. 1999, c. 33), the International Boundary Waters Treaty Act (R.S.C., 1985, c. I-17), the Navigable Waters Protection Act (R.S.C. 1985, c. N-22) and the Canadian Environmental Assessment Act (R.S.C. 1992, c. 37).

Fisheries Act: Effective 1868

The Canadian Fisheries Act (R.S.C., 1985, c. F-14) contains two key provisions on conservation and protection of fish habitat essential to sustaining freshwater fish species. The Department of Fisheries and Oceans administers section 35, prohibiting any work that would cause harmful alteration, disruption, or destruction of fish habitat. Environment and Climate Change Canada (ECCC) administers section 36, prohibiting the deposit of deleterious substances into waters inhabited by fish, unless authorized by regulations under federal legislation. Under this act, the Wastewater Systems Effluent Regulations regulates suspended solids concentration at the effluent of the wastewater systems (Government of Canada, 2019).

Canada Water Act: Effective 1970 The Canada Water Act (R.S.C., 1985, c. C-11) provides an enabling framework for collaboration among the federal, provincial and territorial governments in matters relating to water resources. According to this Act, the federal government can collaborate with a provincial government to establish intergovernmental committees to maintain consultation on water resource matters and to advise on priorities for research, planning, conservation, development and utilization; to advise on the formulation of water policies and programs; and to facilitate the coordination and implementation of water policies and programs. The federal government may collaborate with a provincial government providing for programs regarding water quality monitoring or projects implementation (Government of Canada, 2016).

Canada Shipping Act: Effective 1985

The Canadian federal government has exclusive jurisdiction over navigation through the Canada Shipping Act (R.S.C., 1985, c. S-9, Repealed, 2001, c. 26, s. 332). In Canada, any level of government who wants to restrict the use of pleasure craft on a body of water must ask the federal government (Transport Canada, 2014). In the Quebec portion of the lake, the speed limit is 70 km/h (43 mi/h) except within 100 m (328 ft) from the shore and other specific zones where the limit is reduced to 10 km/h (6 mi/h; (Government of Canada, SOR/2008-120). Motorboats are also prohibited near several public beaches (Government of Canada, SOR/2008-120).

Canadian Environmental Protection Act: Effective 2000

The Canadian Environmental Protection Act (CEPA, S.C. 1999, c. 33) is aims to prevent pollution by protecting the environment and human health. CEPA 1999 came into force on March 31, 2000 following a review of the former CEPA of 1988. This law makes prevention the cornerstone of national efforts to reduce toxic substances in the environment with, for example, the Regulations respecting the concentration of phosphorus in laundry detergents (Government of Canada, 2019). b) Provincial legislative framework

Governance Framework The management of natural resources including water is a provincial jurisdiction and the MELCC is responsible for coordinating water management in Quebec.

Quebec National Water Policy (PNE, Politique nationale de l’eau): Effective 2002

In 2002, Québec launched the National Water Policy to ensure the protection of this resource, to manage water in a sustainable development perspective and, in doing so, to better protect public and ecosystem health.

The directions of the PNE were: • Implement integrated watershed management to reform water governance; • Implement this form of management on the St. Lawrence by recognizing a special status for this important watercourse; • Protect water quality and aquatic ecosystems; • Continue water sanitation and improve the management of water services; • Promote recreational tourism activities related to water.

The PNE has led to the recognition of 33 priority watersheds and the creation of a network of watershed organizations (OBVs, Organismes de bassin versant) for their integrated and collaborative management. The OBV is a consultation table that includes all types of water users from the same integrated water management zone. The PNE entrusted these watershed organizations with the mandate to carry out the first Water Master Plans (PDEs, Plans directeurs de l’eau) and suggested their implementation through the production of Watershed Contracts between the different stakeholders.

Act Affirming the Collective Nature of Water Resources and Promoting Better Governance of Water and Associated Environments (Loi affirmant le caractère collectif des ressources en eau et visant à renforcer leur protection): Effective 2009

Subsequently, the adoption in 2009, of the Act Affirming the Collective Nature of Water Resources and Promoting Better Governance of Water and Associated Environments (Water Act, C-6.2) confirmed the legal status of water resources as part of the heritage of the collectivity, clarified the responsibility of the Government of Quebec as the custodian of the resources on behalf of citizens and defined the rights and the obligations of the collectivity (Gouvernement du Québec, 2019b).

This act came to specify the mission of the watershed organizations, now numbering 40: " to develop and update a water master plan for its integrated management zone, facilitate and monitor its implementation ensuring balanced representation of users and of stakeholders, as the

government, Native, municipal, economic, environmental, agricultural and community sectors " (Article 14).

As part of the implementation of integrated watershed management in Quebec, the Water Master Plan helps structure the process and decision-making. This planning process is intended to be adaptive, iterative, and prospective, and is carried out with consultation of stakeholders within a watershed. It is thus a mode of participative governance.

Quebec Water Strategy (SQE, Stratégie Québécoise de l’eau) : 2018

In 2018, the Government of Quebec announced a new Quebec Water Strategy (SQE) for 2018- 2030, which takes over from the National Water Policy launched in 2002. The Water Strategy is based on a series of consultations held with 140 organizations in the water sector throughout Quebec and will be implemented through three successive action plans. It sets out seven policy directions: • Ensure quality water for the population; • Protect and restore aquatic environments; • Improve the prevention and manage water-related risks; • Capitalize on the economic potential of water; • Promote sustainable use of water; • Acquire and share the best knowledge about water; • Ensure and strengthen the integrated management of water resources.

The measures put forward in the first action plan (2018-2023) represent investments of over $552 million CAN ($409 million US). This action plan includes 63 measures carried out by eleven ministries and governmental organizations including: • the inception of the Enhanced Drinking Water Source Protection Program (PPASEP, Programme pour une protection accrue des sources d'eau potable) which requires the municipalities to realize an analysis of the vulnerability of their drinking water source; • to support the municipalities in conserving and restoring aquatic environments; • to meet government objectives for protected areas; • the inception of a Municipal support program for the establishment of sustainable storm water management infrastructures to encourage municipalities to adopt sustainable storm water management practices; • to increase the knowledge on lakes; • to strengthen integrated water resources management, including intergovernmental and international cooperation (MDDELCC, 2018a).

The follow up of the SQE is done by the MELCC. An annual progress report will be published, and a mid-term review is planned. The SQE aims to promote greater coherence of interventions related to water management.

Framework for the protection of water environments and wetlands Water governance in Quebec is supported by a legal framework for the protection of water environment and wetlands; the main authority of this governance is the MELCC. The main legal bases are the Quebec Environment Quality Act (LQE, Loi sur la qualité de l’environnement), as well as the Quebec Wetland and Water Environments Conservation Act (LCMHH, Loi concernant la conservation des milieux humides et hydriques).

Quebec Environment Quality Act (LQE, Loi sur la qualité de l’environnement): Effective 1972

The Quebec Environment Quality Act (L.R.Q., c. Q-2) prohibits the release into the environment of a contaminant in a quantity or concentration greater than determined by this Act and requires the obtaining of an authorization for works located in water environments and wetlands.

Within this act, the MELCC has set Environmental Discharge Objectives (OER, Objectifs environnementaux de rejets) for each source of contamination to determine the concentrations and contaminant loads that may be released into an aquatic environment without compromising water use. These concentrations and loads are determined from the characteristics of the receiving environment and the level of quality required to maintain water use and may justify additional interventions or project modifications. OERs exist for total phosphorus, ammoniacal nitrogen, nitrates-nitrites, and nitrogen at the industrial effluents, among others, and are tailor made for each effluent which are controlled individually.

There are 68 regulations under the LQE. Among the regulations affecting the quality of water, there are:

• the Regulation Respecting Wastewater Disposal Systems for Isolated Dwellings (Règlement sur l’évacuation et le traitement des eaux usées des résidences isolées; Q-2, r.22) prohibits the release into the environment of toilet, wastewater or greywater waters unless these waters have been appropriately treated; • the Agricultural Operations Regulation (REA, Règlement sur les exploitations agricoles; Q-2, r. 26; see box 3-1) prevents water contamination from agricultural operations;

• the Regulation Respecting Municipal Wastewater Systems (Règlement sur les ouvrages municipaux d’assainissement des eaux usées; Q-2, r. 34.1) presents municipal wastewater treatment plant effluent discharge standards and standards for municipal wastewater overflows; • the Water Withdrawal and Protection Regulation (Règlement sur le prélèvement des eaux et leur protection, Q-2, r. 35.2) aims to provide for methods water withdrawals and protection; • the Regulations Respecting Water Protection Against Discharges of Pleasure Craft (Règlement sur la protection des eaux contre les rejets des embarcations de plaisance; Q- 2, r. 36) prohibits to discharge any wastewater from a pleasure craft (Gouvernement du Québec, 2019b).

The enforcement of many of these regulations is the responsibility of the municipalities.

Box 3-1: Agricultural Operations Regulation (REA, Règlement sur les exploitations agricoles; Q-2, r. 26)

Adopted in 2002 and revised several times since this time, the REA protect water and soils against pollution caused by certain agricultural activities. More specifically, it seeks to prevent the contamination of surface water, groundwater and soil by nutrients or pathogens contained in animal waste and other fertilizers stored or spread on agricultural land (MDDELCC, 2017). It has three major components: livestock farming, plant cultivation, and fertilizer application. The REA includes standards and practices for:

• Livestock facilities • Soil Health • Animal waste storage facilities • Discharges • Livestock Exclusion • Farm size • Buffers • Ground water • Manure and Nutrient Application • Animal mortality • Manure and Nutrient Storage • Water quality monitoring • Nutrient Management Plans • Farm structures

For farms with certain characteristics (e.g. with a cumulative area greater than 15 ha), the REA ensures the completion of an Agro-environmental Plan of Fertilization (PAEF, Plan agroenvironnemental de fertilisation) and a phosphorus balance signed by an agronomist (MDDELCC, 2017).

Agro-environmental Plan of Fertilization (PAEF, Plan agroenvironnemental de fertilisation) The PAEF determines, for each parcel of a farm and for each annual crop year (maximum of 5 years), the cultivation practiced and the limitation of the spreading of fertilizers. Signed by an agronomist, the PAEF must contain all the information necessary for its application, such as the fertilizer doses and the modes and periods of application. It ensures that any fertilizer application is done for the purpose of fertilizing the soil of a cultivated parcel.

Phosphorus balance A phosphorus balance must also be submitted to the MAPAQ every year by farms with certain characteristics and be signed by an agronomist. The phosphorus balance is an inventory of phosphorus lo ads, produced or imported, and of the capacity of soils to receive these loads in accordance with the annual maximum phosphorus deposits set out in the REA. It makes it possible to check the balance between the phosphorus inputs and the maximum deposition capacity, in order to prevent a surplus from being found in the rivers and to impair their quality, notably by promoting the proliferation of blue-green algae (Gouvernement du Québec, 2019b).

Also, under the LQE, all interventions carried out in shorelines, floodplains, lakebeds, and riverbeds must obtain authorization from the MELCC, or from the local municipality, in accordance to the Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (PPRLPI, Politique de protection des rives, du littoral et des plaines inondables, see page 88). Some types of work carried out in a water environment, or affecting it, is subject to an impact assessment and a review process, which may include public hearings under the Public Environmental Auditing Office (BAPE, Bureau d’audiences publiques sur l’environnement).

Under the article 32 (22, 3°) of the LQE, the Government of Quebec requires stormwater management criteria in the authorization request for new development projects that need an aqueduct or a sewer network. The removal of suspended solids and total phosphorus is required for every project more than 2 ha (4.9 ac.) in size. Removal can be achieved by implementing one or more best management practices (MELCC, 2019b).

In 2018, a major reform of the LQE was completed, and more than 20 new regulations were produced. For example, clause 20 has been amended to add the ecosystem protection concept to the prohibition of environmental contamination. This has reinforced the compulsory power regarding a problematic concentration for an ecosystem. Also, the authority to refuse an authorization has been reinforced and the rejection is allowed in case of important apprehended impacts. The authority to impose conditions to better protect the environment has also be added to the authorization process.

Quebec Wetland and Water Environments Conservation Act (LCMHH, Loi concernant la conservation des milieux humides et hydriques): Effective 2017

In 2017, the Quebec Wetland and Water Environments Conservation Act (2017, ch. 14) set a new system to conserve wetland and water environments. The LCMHH amended the Water Act to

recognize the ecological functions of wetlands and water environments, to clarify the role of watershed organizations and regional round tables, and entrusting MRCs and local municipalities with the responsibility of developing and implementing a Regional Wetlands and Bodies of Water Plan (PRMHH, Plan régional des milieux humides et hydriques) at the level of their respective territories, which has to be revised every 10 years. The MRC Memphremagog is now developing their PRMHH that must be ready before 2022 (Goulwen, et al., 2018). The LCMHH also gives the Minister the authority to develop and implement programs that promote the restoration and creation of wetlands and water environments. It also requires the production of reports in relation to the modifications in the situation of wetlands and water environments, particularly with regard to the objective of “no net loss”.

Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (PPRLPI, Politique de protection des rives, du littoral et des plaines inondables): Effective 1987

In addition to these acts, the Protection Policy for Lakeshores, Riverbanks, Littoral Zones, and Floodplains (PPRLPI; Q-2, r. 35) aims to provide adequate protection for lakeshores, riverbanks, littoral zones, and floodplains that are essential to the ecological integrity of water bodies. The PPRLPI requires a vegetated buffer strip to protect water bodies by reducing shoreline degradation and erosion. This strip of vegetation can be left in a natural state or managed and should be, in general, 10 to 15 meters wide depending on the slope of the terrain. In agricultural lands, producers are legally required to maintain a minimum shoreline protection strip of 3 meters wide and if the top of the slope is at less than 3 meters from the high-water mark, the buffer strip must include at least 1 meter on the ground plane.

The implementation of this policy was carried out in two steps: 1) the insertion of the policy in the Land Use Planning and Development Plan (SAD, Schéma d’aménagement et de développement) of the MRCs, and 2) its integration in all local municipalities Town Planning By-laws. Municipalities and MRCs are thus important players in the protection of water environments and wetlands. This policy provides a minimal prescriptive framework but does not prevent various government and municipal authorities from adopting additional protection measures in response to special circumstances and according to their respective jurisdictions. The policy binds the government and its departments and agencies, which must take it into account in their activities and in the application of their programs and authorisation schemes.

Natural Heritage Conservation Act (LCPN, Loi sur la conservation du patrimoine naturel): Effective 2002

The purpose of the Natural Heritage Conservation Act (C-61.01) is to establish protective measures for natural environments and to promote the creation of a network of protected areas. The Act can be used to create provincial parks, biodiversity and ecological reserves, as well as recognized endangered species habitats on public lands. It can also be used to create natural reserves on private land.

Quebec Sustainable Forest Development Act (LADTF, Loi sur l’aménagement durable du territoire forestier): Effective 2013

The Quebec Sustainable Forest Development Act (ch. A-18.1) aims to implement sustainable forest management to support the conservation of soil and water, among others. Under this act, the regional agencies for the enhancement of private forests have the mission to guide and develop the enhancement of private forests in their territory. In addition, the Ministry of Forests, Wildlife, and Parks (MFFP, Ministère des Forêts, de la Faune et des Parcs) develop programs to promote sustainable management of private forests.

In the province of Quebec, several other acts are applied to the water domain and address wildlife habitats, shoreline protection, forests, mining, agriculture, fisheries and food, including the Conservation and Enhancement of Wildlife Act (L.R.Q., c. C-61.1; la Loi sur la conservation et la mise en valeur de la faune); the Forests Act (L.R.Q., c. F-4.1; la Loi sur les forêts); the Mines Act (L.R.Q., c. M-13.1; la Loi sur les mines) and the Protection of Agricultural Land Act (L.R.Q., c. P-41.1; la Loi sur la protection du territoire agricole). c) Municipal legislative framework

The Land Use Planning and Development Act (LAU, Loi sur l’aménagement et l’urbanisme) was passed in 1979 (Government of Quebec, 1979). The MAMH is responsible for the implementation of the LAU that led to the creation of the MRCs and entrusted them, as well as the local municipalities, with the coordination of land use planning. Under the LAU, every MRC is required to maintain a Land Use Planning and Development Plan (SAD, Schéma d’aménagement et de développement) applicable to its territory in which the main directions and the major designated land uses are described in the planning. The Government Planning Guidelines (OGAT,

Orientations gouvernementales en aménagement du territoire) must be integrated in the MRC's SAD.

Memphremagog MRC Land Use Planning and Development Plan (SAD, Schéma d’aménagement et de développement; r. 8-98): Effective 1999

The Memphremagog MRC SAD coordinates the decisions that concern all the municipalities of the MRC and the Provincial government. The SAD is a document formulated to bring out a regional vision of sustainable development. It determines the major land uses (eg, urban, industrial, recreational, forestry, agricultural) and areas where land use is subject to special constraints for reasons of public safety or environmental protection of shorelines, littoral and floodplains (MAMH, 2019).

For example, as required by the Government of Quebec, the SAD of the MRC Memphremagog prohibits any work, construction, or septic system in a shoreline protection strip 10 to 15 meters wide, depending on the slope of the terrain with some exceptions (MRC de Memphrémagog, r. 8- 98). However, the MRC adopted additional protection measures and prohibits any control of vegetation on 5 or 7.5 m width of riparian banks, according to the slope, and any tree cutting on 15 m width of riparian banks (MRC de Memphrémagog, r. 8-98). To naturalize, shoreline owners must follow guidelines elaborated by RAPPEL or MELCC (RAPPEL, 2005; MDDELCC, 2015b) or other equivalent techniques. The SAD of the MRC Memphremagog also presents regulations on tree-cutting that differ according to different types of forest operation sectors: sectors where forestry operations are banned, sectors with severe constraints on forestry operations, and sectors of forestry operations (MRC de Memphrémagog, r. 8-98).

The SAD contains minimal and general rules that need to be transposed in the local urban planning regulations; it does not prevent the municipal authorities concerned, according to their jurisdictions, from adopting additional protection measures. In 2019, the MRC Memphremagog began a process to review the SAD (MRC de Memphrémagog, 2019).

Municipalities by-laws

According to the Quebec Municipal Powers Act (Loi sur les compétences municipales, C-47.1), a local municipality has jurisdiction in water resource management regarding, for example, recreation, parks, local economic development, power development, environment, sanitation,

nuisances, and transportation. They have an important role to play, particularly in the management of municipal watercourses, the protection of lakeshores, riverbanks, littoral zones and floodplains, the sanitation of municipal wastewater discharges, the control of septic systems for isolated dwellings, and the production and distribution of drinking water.

Integrating the SAD of the MRC Memphremagog, municipalities of the watershed are responsible for implementing urban planning bylaws that regulate land development and activities within municipal boundaries through permits and regulations. They can also adopt additional protection measures to limit pollution, control erosion, conserve forest cover, and protect wetlands.

In the Memphremagog Watershed, some municipalities have adopted additional measures to direct residential expansion and passed discretionary urban planning by-laws in areas of the watershed. Some of them also adopted a by-law on Comprehensive Development Plans (PAE, Plans d’aménagement d’ensemble) for areas of ecological interest for which it defines specific criteria governing their development (Austin, r.16-430; Potton, r.2001-290). PAEs can, among other things, provide measures to control soil erosion and sediment transport, limit surface sealing of the soil, retain forest cover, or conserve natural lands during a development project (Austin, 16-435).

Regarding tree-cutting, some municipalities adopted additional measures and have extended the areas where the forest operations are banned. For example, the municipality of Austin does not allow tree cutting on their territory with some exceptions, including new construction or for forestry operations in some sectors (Austin, r. 16-430). Also, tree cutting is prohibited in the Town of Magog within 300 m (984 ft) width of main waterbodies (Magog, 2019, r. 2368-2010). The municipalities of the watershed have different maximum percentage of deforestation according to different property areas.

Regarding erosion control, in some municipalities residents must use erosion control measures during soil manipulation works in specific situations, dependent on the area of the soil manipulation work, the distance from a water body, or the inclination of the slopes (Austin, r. 16- 430; Magog, r. 2368-2010; Ogden, r. 2000-3; Orford, r. 800; Stanstead Township, r. 212-2001). Also, to reduce the risk of erosion and overflow of rivers caused by heavy rainwater runoff, some municipalities regulate gutters, and the water coming from a roof must necessarily be poured on a permeable surface far from the building (Magog, 2019, r. 2368-2010). Some municipal by-laws

also concern erosion control measures along private roads during the construction of bridges and culverts (Bolton-Est, r. n°2014-278; Potton, 2001-291) or during the construction of all roads (Orford, no 789). Municipal by-laws also exist for road slopes (Austin, r.16-431) and minimal distance between a road and a waterbody (Austin, r.16-431).

Regarding fertilizers on residential properties, several municipalities of the watershed have regulations to limit their application: some prohibit the application of fertilizers within 15 m width of a waterbody, and others prohibit the application of fertilizers on all lawns of their territory (Austin, r.16-430; Bolton-Est, r. n°2014-278; Magog, r. 2368-2010; Ogden, r. 2000-3, Stanstead Township, r. 212-2001).

Regarding lakeshores and riverbanks protection, some municipalities do not allow any work, construction, or septic systems within a riparian buffer strip of 20 or 30 meters wide in some areas (Austin, r.16-430; Bolton-Est, r. n°2014-278). Other municipalities do not allow any control of vegetation within 10, 15 or 20 m of riparian buffer strip in some areas or in all their territory (Austin, r.16-430; Bolton-Est, r. n°2014-278; Magog, r. 2368-2010; Ogden, r. 2000-3). Some municipalities also have a regulation requiring the prevention of shoreline erosion and the stabilization of the bank (Austin, r.16-430, Bolton-Est, 2018, r. n°2014-278; Stanstead Township, r. 212-2001). Finally, to ensure the conformity of private septic systems, some municipalities of the watershed systematically inspect older private septic systems (Austin, r. 18-461).

3.2.1.2. Monitoring and research

Water Quality Monitoring in Lake Memphremagog

Since the early 2000s, the MELCC, in collaboration with MCI, has monitored the open waters of the lake to determine the trophic level and to track its evolution. The number of samples taken annually is generally four, in the months of June, July and August. However, as many as seven samples have been taken in some years and have included the month of May, and the period from September to November. This sampling protocol is done at nine sites on the lake (MDDELCC, 2018b; Figure 2-6 in section 2.2.2).

These water samples are taken following the MELCC’s standard operating procedures for lake water quality monitoring (MDDELCC & CRE Laurentides, 2017). Water quality analyses include 92

total phosphorus, chlorophyll-a, dissolved organic carbon and Secchi transparency. Total phosphorus and chlorophyll-a concentration trends are presented in section 2.2.2.1.

From 2013 to 2017, water temperature and dissolved oxygen concentration profiles were also measured at the nine monitoring sites in the lake and at the outlet, at 1-meter increments from the surface, to a maximum depth of 30 m with a multi-parameter monitor. These data are available online at: https://www.memphremagog.org/en/documents-studies

River Monitoring Network

In 1979, the MELCC set up a water quality monitoring network in the main rivers of the province, the River-Network (Réseau-rivières), which includes 260 stations distributed among the 40 drainage basins of the St. Lawrence's tributary rivers. The water quality is monitored monthly throughout the year. One station is located in the Memphremagog Watershed, in the mouth of Cherry River, and one station is located at the outlet of Lake Memphremagog, on the Magog River. Analyses obtained for samples collected at these stations include fecal coliform, conductivity, pH, ammonia nitrogen, nitrates-nitrites nitrogen, total nitrogen, total phosphorus, suspended solids and turbidity (MELCC, 2019c).

Water Quality Monitoring of the other lakes of the watershed

In 2004, the MELCC established a Volunteer Lake Monitoring Network (RSVL, Réseau de surveillance volontaire des lacs) including 700 lakes registered as of 2012 for the entire province of Quebec (MDDEFP, 2012). In collaboration with local associations, the MELCC assesses the water quality of the following lakes of the watershed: Cherries Pond, George Pond, Lake Gilbert, Lake Lovering, Lake Malaga, McKey Pond, Lake Nick, O'Malley Pond, Peasley Pond, and Lake des Sittelles. Since 2010, the program is based on a cycle of 2-3 years of sampling, three times each summer, followed by 4 years pause (Gouvernement du Québec, 2019c).

Water quality data from the RSVL is available online at: http://www.environnement.gouv.qc.ca/eau/rsvl/relais/rsvl_liste.asp

Cyanobacteria Monitoring Program

Since 2004, the MELCC and the Ministry of Health and Social Services (MSSS, Ministère de la Santé et des Services Sociaux) established a management plan for cyanobacteria blooms to ensure 93

the protection of public health. Since then, the MELCC and the MSSS educate and inform about the cyanobacteria blooms and invite the population to report their observations and send photographs to the MELCC website. Depending of the characteristics of the cyanobacteria bloom, the MELCC may go on site to make their own observation, inform the municipality, and recommend that specific areas (such as swimming areas) be closed for recreational activities. The MELCC can also analyze the presence of cyanotoxins in the blooms in some cases. Data collected by the MELCC between 2004 and 2018 are available by contacting them directly. An annual report is published every year to present a review of the situation at a provincial scale.

COGESAF and MCI provide training for Lake Keeper volunteers and municipal employees to visually assess surface waters for the presence of cyanobacteria. When a volunteer sees a bloom, they can directly contact the MELCC to report their observation. For Lake Memphremagog, the volunteer can also call MCI patrol who can assist in logging an observation and send photographs to the MELCC website. The MCI and the MRC patrollers are also visually assessing surface waters during the summer between May and September, and report their observations to the MELCC. The data of the bloom episodes that have been reported by the public and that have been registered by the MELCC in the Quebec portion of the Lake since 2004 are presented in Chapter 2, Section 2.4.1.

Similar to Vermont, when a bloom in Quebec is identified, a photograph is sufficient enough evidence for the closure of a recreational area. Samples of the bloom are not necessary to enforce public land closures.

Tributary Water Quality Monitoring Program

The MRC de Memphremagog coordinates a tributary monitoring program that has sampled over 40 sites throughout the Quebec portion of the Memphremagog Watershed since 1998. Every year, around 20 tributaries of Lake Memphremagog and other lakes of the watershed are monitored, generally at their mouth, and sometimes upstream to identify sources of pollutants. Sites are chosen in collaboration with the municipalities at the beginning of the year. They are all monitored at the same time, five times between the beginning of May and the beginning of September: twice after rainy days and three times after dry weather. Sampling is conducted through the collaborative efforts of the municipalities and MCI under the supervision of the MRC (Roy, 2018). Total

phosphorus, fecal coliforms, and suspended solids are tested for every site, while total organic carbon is tested at some sites (Roy, 2018). The analysis of the water samples is done by a private laboratory (EurofinsEnvironeX Sherbrooke) and methods are accredited by the MELCC. Sampling is financially supported by municipalities of the watershed and the City of Sherbrooke.

Data from this sampling program are compared to the Government of Quebec’s criteria which are used to assess surface water quality entering Lake Memphremagog and to identify areas of concern. The sampling program has led to efforts to work with municipalities, specific landowners and some agricultural producers to implement BMPs and track their effect on water quality.

Water quality data from the tributaries monitoring program from 2008 to 2017 are available online: https://www.mrcmemphremagog.com/gestion-du-territoire/environnement/programme- dechantillonnage-des-tributaires/. Figure 2-4 in section 2.2.1 shows the median concentrations of total phosphorus monitored between 1998 and 2018 in the tributaries of the Quebec portion of the watershed.

Some years, non-profit organizations (APLS, the COGESAF, MCI and SCLL) also sample sites to increase the monitoring efforts in some key areas or to monitor following spring rain events (COGESAF, 2019). These data, including the data from the MRC tributary monitoring program, are available online: http://cogesaf.sigmont.org/cogesaf/cogesaf.php. The Appendix 3-3 presents all the sampling site monitored since 2006 in the tributaries of the Quebec portion of the watershed.

Tributary Flow Monitoring

In 2018, the first permanent hydrometric station was installed in the Quebec portion of the watershed to continuously measure stream flow and turbidity near the Castle Brook mouth in Magog (Magog, 2019).

Littoral Habitat and Riparian Buffer Strip Characterization

In the summer of 2004, MCI commissioned RAPPEL to execute a study called Operation Healthy Lake to examine the health of the Quebec littoral and shoreline of Lake Memphremagog. Vermont’s Agency of Natural Resources then asked MCI to do an identical study on the Vermont portion of the lake. Data related to the condition of the shoreline and littoral habitat (sediments, aquatic plants, green algae, shoreline alterations) were gathered and corrective actions to improve

lake health were recommended (RAPPEL & MCI, 2005; 2006). In 2015, a follow-up to that study was done in Fitch Bay to characterize the changes in the aquatic vegetation and the accumulation of sediments on the bottom of the bay (MCI, 2016b). Other littoral characterizations were done in Lake Memphremagog by associations and RAPPEL in Aulnes Bay and Anse Bay in 2015.

In 2007, MELCC published a riparian buffer strip characterization protocol for lake associations and municipalities (MDDEP & CRE Laurentides, 2007). To be able to compare Lake Memphremagog to the other lakes of the Province, a new riparian buffer strip characterization has been done by MCI for the Quebec portion of the lake between 2014 and 2016 using MELCC protocol (MCI, 2014b; 2015b; 2016c). An inventory of the Canadian shoreline properties by photography was also done in 2011 to follow the modifications of the riparian buffer strips and an update was initiated in 2018 (MCI, 2011b). Also, shoreline erosion has been characterized along Castle Brook and Cherry River in 2012 and 2013 (GENIVAR, 2013; WSP, 2014), and along Fitch Bay tributaries in 2015 (Bissonnette et al., 2015) to recommend corrective actions to the municipalities.

In 2015, a study done by UQAM in collaboration with SCLL and MCI concluded that wakeboats were creating more shoreline erosion than natural waves when the sports generating oversized waves are done at less than 300m of the shore (Mercier-Blais & Prairie, 2014). Also, in 2018 Everblue Massawippi coordinated a project financed by Transports Canada to measure shoreline erosion in areas frequented by wakeboats in four lakes of Estrie, including Lake Lovering and Lake Memphremagog (Gérin, M., Everblue Massawippi, 2018, pers. comm.).

Littoral and/or riparian buffer strip characterization were also done by RAPPEL in other lakes of the watershed: Lake Lovering (RAPPEL, 2006), Peasley Pond (2005; 2017), Lake Nick (2006), Castle Brook (2008), Lake Gilbert (2010; 2017), O’Malley Pond (2011), Lake des Sittelles (2015), Lake à la Truite (2015) and Lake Malaga (2018; Martel, J.-F., RAPPEL, 2018, pers. comm.). These studies were generally financed by local associations and/or municipalities.

3.2.1.3. Decision support tools

Phosphorus export model

As detailed in the section 3.2.2.2c), a land use phosphorus export model was originally developed in 2009 by a private consultant, SMi Amenatech Inc., in collaboration with the Quebec Vermont Steering Committee’s Technical Committee on Lake Memphremagog and funded by the MRC Memphremagog, to estimate phosphorus loading from sub-watershed areas and to attribute loading to land uses across the watershed. This model was updated by VDEC with input from the Quebec Vermont Steering Committee. Current estimated loading is presented in Chapter 2 in Section 2.3. Since the development of this model, a TMDL was set in the Vermont portion of the watershed to establish the maximum amount of phosphorus that can enter in Lake Memphremagog to meet clean water goals.

Quebec criteria for surface water quality

Quebec government defined criteria of water quality for 300 contaminants for different types of surface water uses. The following criteria can be used to assess the deterioration of a lake but should not be used to evaluate the phosphorus loads that could be released. Quebec government defined criteria for total phosphorus for the protection of the aquatic life (chronic effect) and for the protection of the recreational activities and estheticism of water bodies. For oligotrophic lakes with a natural concentration of less than or equal to 0.01 mg/L, the quality criterion is defined as a maximum increase of 50% over the natural concentration without exceeding 0.01 mg/L. To limit the eutrophication of lakes whose natural concentration is between 0.01 and 0.02 mg/L, the quality criterion is defined by a maximum increase of 50% compared to the natural concentration, without exceeding 0.02 mg/L. Finally, the Quebec criteria for surface water quality is 0.3 mg/L for streams and rivers (Gouvernement du Québec, 2019b).

Water Quality Data Convergence Project

Since 2010, COGESAF is coordinating a project to converge all the water quality data collected in St Francis Watershed by different stakeholders (MELCC, municipalities, lake associations, etc.). This cartographic tool allows the public to follow the evolution of the water quality and to identify areas of concern. It is available on the web: http://cogesaf.sigmont.org/cogesaf/cogesaf.php.

Water Management Plans

In 2002, Quebec established an integrated management of water in the meridional Quebec watersheds at the local and regional state level. This includes 40 watershed organizations that integrate water management through voluntary participation and consultation of water users. Since then, COGESAF coordinates the implementation of a water management plan for the St-Francis River Watershed to improve water quality. A portrait and a diagnosis of the St-Francis River Watershed was published in 2006 (COGESAF, 2006). COGESAF has since coordinated specific water management plans for all the St-Francis subwatersheds, including the Lake Memphremagog Watershed. A Memphremagog Local Watershed Committee has met annually since 2007 to follow the implementation of the actions (Grenier, J., COGESAF, 2019, pers. comm.).

Sub-watershed Environmental Assessment

Several sub-watershed environmental assessments were done in Lake Memphremagog watershed to recommend corrective actions to improve water quality:

• Lake à la Truite Watershed (RAPPEL in 2005); • Fitch Bay Watershed (MCI and RAPPEL in 2006); • Lake Nick Watershed (RAPPEL in 2007 and 2009); • Peasley Pond Watershed (RAPPEL in 2009); • Lake Gilbert Watershed (RAPPEL in 2014); • O’Malley Pond Watershed (RAPPEL in 2010); • Lake Sittelles Watershed (MCI and l’Association des propriétaires du lac des Sittelles in 2013); • Castle Brook Watershed (Magog in 2019).

Sources: MCI & RAPPEL, 2006; Lafrenière et al., 2013; Martel, J.-F., RAPPEL, 2019, pers. comm.; Magog, 2019).

These environmental assessments were generally done with the contribution of volunteers from lake associations and financed by lake associations, municipalities, the Regional Conference of Elected Officials (CRÉ, Conférence régionale des élus), and/or by the federal program EcoAction.

Natural Land Conservation Plans

Natural land conservation plans were completed for four municipalities around the lake (Austin, Magog, Stanstead Township, and Ogden) to identify the natural lands of ecological interest on their territory and to recommend actions to conserve them (MCI & ACA, 2011; 2015; 2017; MCI

& GENIVAR, 2014). These conservation plans were generally done by MCI with the collaboration of ACA or GENIVAR and financed by municipal, provincial, federal programs, or by the Quebec Wildlife Foundation (FFQ, Fondation de la Faune du Québec). Plans are used by the municipalities to integrate the conservation of natural lands in their town by-laws, zoning laws, and town plan. A mapping portrait of the natural lands of ecological interest was also completed for the territory of the municipality of Potton, by ACA (Thibault, V., ACA, 2018, pers. comm.).

Regional Wetlands and Bodies of Water Plan

Since 2017, following the adoption of the Quebec Wetland and Water Environments Conservation Act (LCMHH, Loi concernant la conservation des milieux humides et hydriques) which modified the Water Act (C-6.2; see section 3.2.1.1), the MRC Memphremagog has been developing a Regional Wetlands and Bodies of Water Plan (PRMHH, Plan régional des milieux humides et hydriques) for its territory to integrate the conservation of wetlands and water environment to its planning. The PRMHH must be completed before 2022 (Goulwen et al., 2018).

3.2.1.4. Current Implementation of Best Management Practices (BMPs) in the watershed

In addition to the policies, acts and by-laws, BMPs are implemented in the Quebec portion of the watershed to ensure the protection of water quality of Lake Memphremagog and its tributaries. a) Multi-sector

The following global action plans are implemented to adopt BMPs in specific areas of the watershed to reduce nutrient loading in Lake Memphremagog and its tributaries.

Healthy Fitch Bay project

Since 2014, the Healthy Fitch Bay Project: From diagnosis to solutions! aims to improve the water quality in Fitch Bay and to conserve the biodiversity of the watershed. Coordinated by MCI, various stakeholders are working together to implement an action plan 2015-2020 regarding the activities that have an impact on the health of Fitch Bay and the watershed. This includes boating, residential and farming practices, as well as the protection of natural lands (MCI, 2015c).

Committee on Castle Brook

In 2015, an action plan 2016-2021 to reduce sedimentation in Castle Brook has been initiated. Coordinated by the City of Magog, a committee of several stakeholders, including the MELCC, the MFFP, COGESAF, the MRC, MCI, the municipality of Austin, the municipality of Orford Township, the Castle Brook Protection and Management Association (APARC, l'Association pour la protection et l'aménagement du ruisseau Castle), and the Association for the revitalization of the Lake Memphremagog delta and bays (ARDBLM, Association pour la revitalisation du delta et des Baies du lac Memphrémagog) meets once or twice a year to follow the implementation of the action plan. This action plan includes water quality monitoring, a watershed assessment, shoreline stabilization, and the management of a sediment trap designed to collect sediment coming from the Castle sub-watershed (Magog, 2016). b) Agricultural sector

The following programs and stakeholders are working to assist agricultural producers with the continued and increased adoption of BMPs in the Quebec portion of the Memphremagog Watershed through awareness, and technical and financial assistance.

Prime-Vert program

The Prime-Vert program from MAPAQ aims to increase the adoption of agro-environmental practices by agricultural enterprises to help improve the quality of the environment and human health. It can finance between 70% and 90% of the expenses to implement best management practices. An important part of the program is co-financed by the Federal and the Provincial Governments under the Canadian Agricultural Partnership (Gouvernement du Québec, 2018b). Through this program between 2009 and 2018, 17 agricultural producers of the 53 located on the Quebec portion of Lake Memphremagog watershed received $316,924 CAN ($241,000 US) for construction of manure storage (67.5%), alternative installations for beef cattle production (14.5%), soil and water conservation practices and reduction of non-point source pollution (9%), and pesticide application equipment (1%; MAPAQ, 2019, unpublished data).

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Agro-environmental support plan (PAA, Plan d’accompagnement agroenvironnemental)

MAPAQ and Agriculture and Agri-Food Canada propose an agro-environmental approach to assist agricultural producers in the implementation of BMPs. Done on a voluntary basis, the PAA is a tool for planning interventions to be carried out within the agricultural enterprises according to the intervention priorities established by an agro-environment advisor. For a PAA to be eligible for funding, the agricultural producer must commit within a given period to carry out actions included in the PAA action plan. These actions may be funded under the Prime-Vert or Consulting Services programs. Five PAA have been done between 2013 and 2018 in the Quebec portion of the watershed (9.4% of the agricultural producers; MAPAQ, 2019, unpublished data).

Other information and technical support to the agricultural producers

In the Lake Memphremagog Watershed, the Agricultural Producers Union (UPA, Union des producteurs agricoles), through the Memphremagog local union, provides expertise to producers through information tools and farmland visits where watercourse protection actions have been done (UPA, 2019; Dame, G., UPA, 2018, comm. pers.). Also, to reduce nutrient loading in Lake Memphremagog, the Agroenvironmental Club of Estrie (CAEE, Club agroenvironnemental de l’Estrie) agronomists visit croplands and propose soil conservation practices to agricultural producers to limit soil and nutrient losses, while helping them implement best management practices. In 2018-2019, 11 agricultural enterprises used the MAPAQ Advisory Services Program or CAEE’s services (21%). This limited proportion may partially explain the small number of PAAs achieved.

Fitch Bay soil conservation project

MCI and the CAEE undertook a soil conservation project between 2016 and 2019 in agricultural areas of the Fitch Bay watershed with financial support from the Prime-Vert Program from the MAPAQ. The aim was to help agricultural producers in the adoption of soil conservation practices, prioritizing annual crops. Information on erosion reduction and water management techniques, erosion and water management analysis, and help in implementing soil conservation practices have been offered to 12 agricultural producers on the 31 located in the Fitch Bay watershed.

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Agricultural riparian buffer characterization

In 2008, the MRC Memphremagog conducted, in collaboration with CAEE and financially supported by Prime-Vert, an agricultural riparian buffer characterization for all the Quebec portion of Lake Memphremagog watershed. 66 agricultural properties where visited in the municipalities of Magog, Stanstead Township, Ogden, Potton, Saint-Benoît-du-Lac and Austin. The main observed problems were minor shorelines erosion problems and animal access to the streams (MRC de Memphrémagog, 2008). Landowners were invited to contact MAPAQ to submit mitigation measure proposals and receive funding (Roy, A., Memphremagog MRC, 2019, pers. comm.). c) Developed Lands

The following programs and stakeholders are working to assist municipalities and citizens with the continued and increased adoption of BMPs in the Quebec portion of the Memphremagog Watershed through awareness, and technical and financial assistance.

Stormwater Runoff Management

Several organizations work to inform and sensitize municipalities and citizens about sustainable stormwater management. COGESAF gives training to municipal employees in order to help the municipalities of the watershed in the realization of a self-diagnosis of their territory (Grenier, J., COGESAF, 2019, comm. pers.). Some municipalities also give training to contractor on soil management and stormwater runoff on construction sites (Austin, 2019). The MRC Memphremagog, the municipalities and the non-governmental organizations also have different information tools to support the population in the management of stormwater on their property. To raise awareness to maintain and increase the forest cover, MCI, LAMRAC, and the Fiducie de recherche sur la forêt des Cantons-de-l'Est (FRFCE) give thousands of trees every year to the population of the watershed, with the collaboration of the MFFP and the AFSQ. Finally, some municipalities also offer funding for the owners who purchase rainwater tanks (Pouliot, J., Magog, 2018, comm. pers.).

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Road Management

In the Quebec portion of the watershed, 121 km (15 %) of roads are managed by the Government of Quebec and 634.5 km (79 %) are managed by municipalities. There are also 45 km (6 %) of private roads, many of which are adjacent to waterways and are subject to municipal regulations (MTQ, 2019, unpublished data). The provincial transportation infrastructure is managed by the MTQ who builds and maintains the provincial roads following standards to prevent the release of contaminants into the environment.

Regarding the municipal road network, some municipal road problematic mapping and road practice characterization were done in different areas of the Quebec portion of the watershed. RAPPEL offers training to municipal employees on environmental management of the ditches and diagnosis of municipal road networks for municipalities (Martel, J.F., RAPPEL, 2018, comm. pers.). MCI have also supported municipality of Ogden in the characterization of their road network and practices, and the Town of Magog in the erosion characterization where roads crossed Castle Brook or Cherry River (Aubé et al., 2017; WSP, 2014). Several problematic sites along the roads, ditches, and culverts have been observed in some areas (Aubé et al., 2017).

Several municipalities are presently working to reduce erosion along their municipal road network (Desroches-Pichette, J., Orford, 2019, comm. pers. ; Déturche, F., Bolton-Est, 2018, comm. pers.; Maillé, L., Austin, 2018, comm. pers.; Simard, P. Canton de Stanstead, 2018, comm. pers.). The Government of Quebec currently has a funding program for municipal road networks (Programme d'aide à la voirie locale) that give annually $225 million CAN ($167 million US) to improve municipal road networks, that can be used to reduce runoff (MTQ, 2019).

Private Septic Management

All the municipalities of the Quebec portion of Memphremagog Watershed ensure the emptying of the private septic systems. This is done according to a certain frequency (every 2 years for a permanently occupied residence or every 4 years for a seasonal residence), or according to the accumulated quantity of sludge measured by the municipality every year and emptied to the responsibility of the owner. To improve their conformity, some municipalities have developed a funding program to help the owners to upgrade their substandard septic systems, as Austin and Stanstead Township (Austin, 2019; Stanstead Township, 2019). In 2010, the MRC

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Memphremagog, founded by the Government of Quebec, did an inventory of 839 private septic systems located near water bodies, which 184 were located in Lake Memphremagog watershed at less than 300 m of the lake, to characterize their performance and prioritize interventions (MRC de Memphrémagog, 2010). The MELCC, all the municipalities of the Watershed, the MRC, MCI and other lake associations produce and/or distribute information to owners of isolated residences about a proper management of their septic system through their web site, pamphlets, newsletters or conferences. d) Point sources

In the Quebec portion of the Memphremagog Watershed, there are currently four Waste Water Treatment Facilities (WWTF). The OER at the effluent of the WWTF located in the Quebec portion of Lake Memphremagog Watershed is an annual average of 0.3 mg/L for the total phosphorus (Gouvernement du Québec, 2019b). The WWTFs of the Quebec portion of the watershed had until January 2017 to meet this requirement. After this date, the MELCC does not authorize an extension of the municipal sewer system if the municipality does not comply with the phosphorus requirement in domestic wastewater discharges. Requirements for ammonia nitrogen, nitrates-nitrites nitrogen, total nitrogen at the effluent of the WWTFs also exist and depend on temperature and pH. Medium and large sized WWTFs are also required to conduct Whole Effluent Toxicity (WET) tests on a regular basis. e) Natural lands

The Lake Memphremagog watershed is mostly consisted of natural lands and several Quebec stakeholders are involved in the conservation and the protection of this territory through awareness, technical and financial assistance, and the creation of protected areas.

Conservation of public lands

In the Lake Memphremagog watershed, there are two public protected areas owned by the Government of Quebec under the Natural Heritage Conservation Act for a total of 36.2 km2 (8,933 ac.; Appendix 2-4): the Mount Orford National Park, managed by the Société des établissements de plein air du Québec (Sépaq), and the projected biodiversity reserve Michael-Dunn. Some lands are also owned and protected by municipalities or foundations: for example, the Town of Magog

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and the FFQ own a part of the Cherry river wetland, a natural land protected, managed and enhanced by LAMRAC.

Voluntary conservation agreements

There are also several private protected areas owned by individuals, conservation organizations or municipalities for a total of 10.1 km2 (2,496 ac.; Appendix 2-4). These private protected areas are created by landowners who take the initiative to conserve the natural lands on their property. The land being mostly in private ownership, MCI works to inform and support landowners, and obtain funds to protect lands in perpetuity through voluntary conservation agreements. Appalachian Corridor (ACA), Memphremagog Wetlands Foundation (MWF), Nature Conservancy Canada (NCC) and the Association du Marais-de-la-Rivière-aux-Cerises (LAMRAC, the Association who promotes, preserves and enhances the marsh of the Cherry River) are MCI’s main partners in the implementation of conservation actions, and municipalities, federal and provincial government agencies such as ECCC and the MELCC are also collaborators. The conservation projects are generally funded by government agencies and foundations such as FFQ. The Government of Quebec, with its Act respecting municipal taxation (Loi sur la fiscalité municipale; ch. F-2.1), also gives an incentive to the landowners who create a private nature reserve with a total or partial municipal and scholar tax exemption.

Natural land mapping and assessment

The SAD of the MRC Mempremagog identifies areas of ecological interest that require special protection such as wildlife habitat, waterbodies and wetlands. To improve the accuracy of wetland mapping, the MRC de Memphremagog acquired LiDAR (Light Detection and Ranging) data and a new mapping is planned for 2019. The SAD contains minimal and general rules to protect natural lands that must be adopted by the municipalities and that concern, among others, wetlands, tree cutting, and shorelines. Also, some non-profit organizations such as MCI and ACA support municipalities in the delimitation and the characterization of wetlands on the field to improve the accuracy of the wetlands mapping and to formulate recommendations to protect them.

Forest lands

Municipalities of the territory of the MRC Memphremagog enforce their tree-cutting by-law through an inter-municipal inspection agreement. The purpose of the agreement is to provide the

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municipalities with the services of a forest engineer to assist municipal inspectors with the application of municipal tree cutting by-laws and any other matter relating to forestry. The MRC Memphremagog also distributes an awareness document to the foresters to inform them about the regulations and the good practices to adopt (MRC de Memphrémagog, 2011). To inform and raise awareness about sustainable stormwater management, RAPPEL give training to foresters about best management practices to implement along forester roads (Martel, J.-F., RAPPEL, 2018, comm. pers.).

The forestry group ventures covering the Quebec portion of Lake Memphremagog watershed support private forest owners in the adoption of additional measures regarding forestry operations. Within the Forest Producers Union of the South of Québec, several of their clients are certified Forest Stewardship Council (FSC), which gives mandatory for certificate holders for the implementation of best management practices. The Ministry of Forests, Wildlife and Parks (MFFP, Ministère des Forêts, de la Faune et des Parcs) gives financial support to private forest owners through its Private Forest Enhancement Program and through a regulation allowing the owner to get a property tax refund, for forestry works that protect and enhance the private forests and protect water resources. The Private Forest Development Program is managed in Estrie by the Agency for the Enhancement of the Private Forest of Estrie (AMFP, Agence de mise en valeur de la forêt privée de l’Estrie) who also offers technical support and training to the forestry group ventures.

Shorelines and Riparian Habitat

To help the municipalities to enforce the riparian buffer regulations around Lake Memphremagog, MCI lake patrol patrols the lake by boat and send pictures of problematics to the municipalities. To support shoreline revegetation, each year, the MRC Memphremagog coordinates a specific program of distribution of shrubs in the municipalities around the lake. More than 60 000 shrubs were distributed over the last twelve years (Roy, A., MRC de Memphrémagog, 2019, pers. comm.). The MELCC, the municipalities of the watershed, the MRC, MCI and other lake associations also distribute information to shoreline owners through their web site, pamphlets, newsletters or conferences. Also, some municipalities and MCI have financially supported citizens to revegetate their shorelines (Maillé, L., Austin, 2018; Orjikh, A., MCI, 2018; Simard, P., Stanstead Township, 2018, pers. comm.). For the agricultural sector, the Agricultural Producers Union (UPA, Union des producteurs agricoles) has a Shoreline Operation Campaign and a website

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specifically to distribute information and sensitize farmers about shoreline protection, with the financial support of the FFQ. The Prime-Vert program from MAPAQ also gives financial support to create wide and mixed riparian buffers on agricultural lands (UPA, 2019). f) Recreational tourism sector

Lake Memphremagog and its watershed have an active outdoor recreation sector also in Quebec: boating, fisheries, ski, golf, hiking and swimming are all important activities for both tourists and residents of the region. This section addresses the actions to limit the impacts of recreational activities that involve significant transformation of natural habitats, such as golf and ski, or activities that have a potential continuous impact on the water quality, such as boating.

Boating practices

The Memphremagog MRC, the Quebec Provincial Police (SQ, Sûreté du Québec) and the Memphremagog Regional Police (Régie de police de Memphrémagog) are responsible to enforce the federal regulation regarding boating on Lake Memphremagog. Several buoys are installed between June and September at 100 m (328ft) from the shore where the limit is reduced to 10 km/h (6 mi/h). A pamphlet presenting the existing regulation is made every year and distribute to the boaters. Since 1989, the MRC lake patrol made of police students applies the regulation regarding boating on Lake Memphremagog and Lake Lovering.

Since 2016, the Memphremagog MRC, in collaboration with the municipalities and MCI, implements the awareness campaign Follow the wave in Lake Memphremagog, asking boaters to practice sports generating oversized waves at more than 250 m (820 ft) from the shore (MRC Memphremagog, 2016). Every summer, buoys are installed near three sensitive zones as a reminder for the boaters to stay at more than 250 m (820 ft) when practicing these sports. A short video and a pamphlet were created and have been distributed to the population. Since 1974, MCI lake patrol also distribute a pamphlet resuming boater’s best practices.

Open-air industry

In Quebec, some public and private owners protect natural lands for an open-air industry, as walking, hiking, biking, snowmobiles and/or all-terrain vehicles. When some activities may export nutrients into watercourses because of erosion along dirt roads for example, this industry can allow

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to avoid conversion of natural lands into another type of land use with a greater nutrient exportation coefficient.

Ski and Golf industries

The ski and golf industries are considered as intensive recreational activities by the MRC and must be implemented in specific areas of the SAD. Their management are regulating by the Quebec Environment Quality Act.

3.2.1.5. Implementation of restauration measures in the lake and its tributaries

Sediment trap in Castle Brook, Magog

In 2000, in the Castle Brook, the Town of Magog installed a sediment trap to collect sediment coming from the Castle sub-watershed before entering in Lake Memphremagog. The trap has been upgraded in 2017. More than 1600 m3 of sediment have been dig out from the water course to install the trap (Magog, 2019, unpublished data). The efficacity of the trap is still under study.

Installation of Aerators in Aunes Bay, Magog

In 2017, the Association for the revitalization of the Lake Memphremagog delta and bays (ARDBLM, Association pour la revitalisation du delta et des Baies du lac Memphrémagog) began a pilot project and installed aerators in Aunes Bay, near the mouth of Castle Brook to reduce the thickness of sediments in the area (Magog, 2018b). When, in theory, the internal phosphorus load of a lake can be reduced by the artificial circulation of water in cases where the release of phosphorus by sediments is the main mechanism for water enrichment, the installation of aerators can have the opposite effect and increase the internal phosphorus load by increasing the aerobic decomposition of organic matter (Ministère de l’Environnement, 2003). For the moment, the impact of the aerators on the concentration of nutrients in Aunes Bay and Lake Memphremagog is not known.

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3.2.2. Inventory of United States nutrient management efforts

3.2.2.1. United States water quality protection policies, acts, and laws a) United States federal acts and laws

Federal Clean Water Act: Effective October 18th, 1972

The Clean Water Act (CWA) is the federal law governing water pollution in the United States with the purpose of maintaining and restoring the nation's waters throughout three different components: chemical, physical, and biological. This act lays the foundation for the basic regulations of discharged pollutants. Under the clean water act pollution control programs have also been implemented, such as wastewater standards and the Total Maximum Daily Load (TMDL) requirements (EPA, 2019a).

Federal Endangered Species Act: Effective December 27th, 1973

The Endangered Species Act serves to conserve both flora and fauna in the ecological niches in which they are found. The federal agencies that oversee enforcing this act are the U.S. Fish and Wildlife Service and the U.S. National Oceanic and Atmospheric Administration Fisheries Service (EPA. 2019b). The US Endangered Species Act could be used to regulate nutrient loading if these activities or nutrient concentrations were found to pose a threat to an endangered species.

Federal Farm Bill: Effective 1981, Renewed in 2018

The Farm Bill is designed to provide stability for farmers, develops trade opportunities, helps Americans with access to nutritious food for their family’s health and protects resources and land (UCSUSA, 2019). Programs and funding included in the US Farm Bill directly support the implementation of Best Management Practices (BMPs) on farms to reduce nutrient loading. b) Vermont state acts and laws

VT Act 250, Land Use and Development Act: Effective in 1970

Act 250 is Vermont’s Land Use and Development Act. This was designed to address the community and environmental impacts potentially caused by development. There are 10 different criteria that must be followed in order for the District Environmental Commissions to approve

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every development, including water pollution (VDEC, 2019a). The full list of criteria is available on the Vermont Department of Environmental Conservation (VDEC) website.

Vermont Shoreland Protection Act: Effective July 1st, 2014

The Shoreland Protection Act regulates activities that occur within 250 ft (76.2 m) of the mean water level of a lake that is 10 ac. (approx. 4 ha) or larger in size. VDEC administers the Shoreland Protection Act through shoreland permitting program to ensure that any development within the shore area is in compliance with the act. The act is intended to ensure that reasonable development continues while also protecting the shoreline, aquatic habitat, and water quality (VDEC, 2015b).

VT Act 64, Vermont Clean Water Act: Effective November 18, 2016

Act 64 is Vermont’s Clean Water Act and serves to address water quality issues and provisions relating to agriculture, stormwater and basin planning, as well as use value appraisal. This act also increased funding for the implementation of water quality programs and improvements (VLEG, 2019a). In Act 64, the regulation of stormwater runoff was updated to include discharges from impervious surfaces such as municipal roads and any surface of three acres (1.2 ha) or more in size. This act requires the ANR to update the basin plans for the 15 watersheds with existing plans (VDEC, 2019a).

Act 64 required the updating or development of a number of regulatory programs and required best management practices (BMPs) to reduce erosion and nutrient loading. These programs from Act 64 include (VDEC, 2017c):

Program Description Acceptable Management Practices BMPs that reduce erosion from forestry operations (AMPs) Municipal Roads General Permit To inventory and reduce erosion from municipal roads Operational Three-Acre Permit To inventory and reduce stormwater runoff from sites with over 3 acres of impervious surface Required Agricultural Practices To plan and implement BMPs to reduce impacts of farming on (RAPs) waterways Transportation Separate Storm To inventory and reduce stormwater runoff from state Sewer System Permit (TS4) transportation network and state transportation facilities

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VT Act 185, Clean Water Revolving Fund: Effective May 28, 2018

Is an act relating to the clean water state revolving loan fund. This law amended statutory provisions for the clean water state revolving loan fund (CWSRF) to expand project eligibility. Act 185 made natural resource projects that are sponsored by a municipality and paired with a traditional project eligible for CWSRF funding and made private borrows eligible for loans from the CWSRF for water quality projects (VDEC, 2019a).

VT Act 76: An act relating to the provision of water quality service: Signed by Governor, June 19, 2019

Act 76 provides a long-term funding source for water quality programs in the state of Vermont by allocating 6% of the revenue from the rooms and meals tax to this fund. It also sets up a new funding distribution model for water quality projects by requiring VANR to establish regional clean water service providers who are responsible for water quality projects in their region along with a basin water quality council to make decisions on projects. The act also establishes new four new grant programs and requires VANR to develop clean-up plans for impaired waters (VLEG, 2019b) c) Municipal laws

Municipal zoning and by-laws

Municipalities in Vermont can pass bylaws that regulate land development within municipal boundaries through permits, prohibitions, restrictions, and regulations. Municipalities can regulate uses of land and shoreland, construction and uses of structures, timing and/or sequence of growth, and uses of river corridors. Municipalities may adopt bylaws to protect river corridors and buffers by regulating development and use of river buffer and corridor. Municipalities can choose to implement these bylaws for a number of reasons, including pollution, sediment, and/or erosion control, reduction of stormwater runoff, or protection/preservation of wetlands and/or natural habitat.

3.2.2.2. Lake Memphremagog Total Maximum Daily Load for Phosphorus

Section 303(d) of the US federal CWA authorizes EPA to work with states to list waters as impaired and develop Total Maximum Daily Loads (TMDL). A TMDL establishes the maximum

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amount of a specific pollutant that can enter a waterbody to meet clean water goals (USEPA, 2018). Additional information on the federal TMDL process and impaired waters is available at: https://www.epa.gov/tmdl

Through water quality testing, it was established that phosphorus concentrations for the Vermont portion of Lake Memphremagog averaged 18 μg/L which exceed the water quality criteria of 14 μg/L. Due to the exceedance of the water quality standard, the CWA requires that a TMDL for phosphorus be set to limit the amount of phosphorus entering Lake Memphremagog from its watershed. This was completed by VDEC and approved by EPA in November of 2017 (VDEC, 2017a).

VDEC was tasked with developing the TMDL for the Lake Memphremagog Watershed. The development of the TMDL was done using three related but distinct modeling tools which are: a land use phosphorus export model, an in lake “bathtub” model, and a BMP scenario tool (VDEC, 2017b). The monitoring and modeling processes are described briefly below, but conceptually, the TMDL process included: 1. Water quality monitoring. 2. Development of phosphorus reduction targets by land use type through the: a. Development of land use export model to understand phosphorus loading by land use type. b. Development of “Bath Tub”` Model for Lake Memphremagog to establish the percent reduction of phosphorus needed to meet the water quality criteria. c. Use of BMP scenario tool to determine loading reductions achievable from phosphorus source sectors based on combinations of implemented BMPs. 3. Development of a final TMDL report to reduce phosphorus loading to reach clean water goals which will be implemented though increased regulations of phosphorus generating sectors and voluntary actions. Voluntary actions are targeted based on tactical basin plans that are updated every five years to allow for an iterative process to identify, and then implement targeted phosphorus reduction actions. See section 3.2.2.4 for information on tactical basin plans. a) TMDL phosphorus reduction targets

The TMDL is a legally binding document for Vermont only, as such, phosphorus reduction targets and the plan to meet those targets were developed for Vermont only and assumed that phosphorus loading from Quebec would remain constant. The TMDL indicated that an overall 29% reduction

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in phosphorus loading is needed from the Vermont portion of the watershed to meet the clean water goals of a phosphorus concentration of 14 μg/L in the Vermont portion of Lake Memphremagog. Table 3-1 shows reduction percentages by land use as included in the TMDL to meet Vermont’s load reduction target.

Table 3-1. Reduction percentages by land use

Land use Percent Phosphorus Load Reduction Agricultural Lands 46% Agricultural Production Areas 64% Developed Lands 18% Other (Forest, shrub, wetland, water) 3.5% Stream Bank 23% Wastewater Treatment Facilities 33% of current permitted load

As a part of the TMDL and TBP, VDEC developed an action plan for phosphorus reduction that included necessary phosphorus reduction by land use type and outlines best management practices to reach those goals (VDEC, 2017c).

For more information, all TMDL related documents are available online: - Lake Memphremagog TMDL (2017): http://dec.vermont.gov/sites/dec/files/wsm/mapp/docs/Memph%20TMDL%20Final%20E PA%20approved.pdf

- Modeling Documentation for Lake Memphremagog TMDL (2017): https://dec.vermont.gov/sites/dec/files/wsm/mapp/docs/Memph%20TMDL%20document ation%208-2-17.pdf

The Basin 17 Tactical Basin Plan includes the TMDL as a section and in context of broader initiatives for the Basin and includes an expanded action plan for the Lake Memphremagog Watershed and Basin. It is available online at: http://dec.vermont.gov/sites/dec/files/wsm/mapp/docs/Basin17_TBP_Signed.pdf b) TMDL water quality monitoring programs

Vermont TMDL Lake Memphremagog Monitoring Program - Vermont Department of Environmental Conservation

Water Quality samples were taken on Lake Memphremagog from 2005 through 2012 through the Vermont Lake Assessment program including samples of total phosphorus, total nitrogen, chloride

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and metals. Samples were taken by VDEC biweekly from May through October or November at 0.2 meters depth and then every two meters depth to one meter above the bottom. In addition to this, a hydrolab was used to measure pH, turbidity, and chlorophyll every one-meter of depth and measurements of Secchi depth were taken at each site. These samples were taken at the same locations as the Lay Monitoring Program, in South Bay and off Whipple Point (Memph 03), with an additional site sampled on Lake Memphremagog (Station 249/Memph 04) which is located one kilometer southwest of Bell Island in the middle portion of Lake Memphremagog and which is also sampled by MELCC (See Figure 2-6 in section 2.2.2).

TMDL tributary phosphorus loading monitoring program-Vermont Department of Environmental Conservation

The VDEC has led a sampling program since annually 2005 on the Black River, Barton River, Clyde River at the lowest bridge above the lake taking water samples using a depth integrated sampler. VDEC in coordination with the volunteer monitoring program have also taken samples on the smaller Johns River several miles upstream from the outlet at Beebe Plain as grab samples. Sampling frequency is roughly monthly with 8-13 high flow samples taken per year when flows were above the 90th percentile of flows as measured at the Black River.

The Flux Program (Walker, 1999) has been used to estimate annual phosphorus loading for each tributary using a methodology that segregates sample dates into strata based on rising, falling or stable portions of the hydrograph which results in a relatively low coefficient of variation for each tributary. VDEC is evaluating the use of the Weighted Regression on Time Discharge and Season as an alternative approach to estimate phosphorus loading. c) TMDL models

Land use phosphorus export model

In order to set a TMDL for Lake Memphremagog, a land use phosphorus export model was developed to estimate phosphorus loading from watersheds areas where these data were not already available based on stream monitoring and to attribute loading to land uses across the watershed. The land use phosphorus export model was originally developed in 2009 by a private consultant, SMi Amenatech Inc., in collaboration with the Quebec Vermont Steering Committee’s Technical Committee on Lake Memphremagog and funded by the Regional County Municipality

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(MRC, Municipalité Régionale de Comté) Memphremagog (Vezina & Desilets, 2009). This model uses literature phosphorus export values to estimate loading from land uses, estimates of septic system loading, and then estimates of retention in lakes larger than 4 ha (9.88 ac.) to approximate phosphorus loss in the watershed.

This model was updated by VDEC with input from the Quebec Vermont Steering Committee to add land use classifications for dirt roads, paved roads and farmstead areas, and to add estimated loading from stream channel erosion from the larger rivers in Vermont. VDEC calibrated the land use export coefficients for the model based on loading estimates for the four major tributaries and 24 minor tributaries that were available in Vermont. At the time the model was developed, phosphorus loading estimates were not available for Quebec tributaries which increases the uncertainty of loading estimates from this model in Quebec.

Current estimated loading from the TMDL is presented in section 2.3. The TMDL document as supplementary material is available online at: https://dec.vermont.gov/watershed/map/basin- planning/basin17

Lake Memphremagog "bathtub" model

To support the development of the Lake Memphremagog phosphorus TMDL, a "bathtub" model was developed to estimate the exchange between lake segments and the sedimentation of phosphorus in each lake segment. This model is described in detail in the modeling documentation for the Lake Memphremagog TMDL (VDEC, 2017c.) The Bathtub model estimates a 29% reduction in phosphorus loading in Vermont is needed for Lake Memphremagog to meet Vermont clean water goals assuming that phosphorus loading remains the same in Quebec.

Memphremagog BMP scenario tool (M-BMP)

The Memphremagog BMP Scenario Tool, or M-BMP, is a spreadsheet-based modeling tool designed to estimate how much phosphorus reduction could potentially be achieved by various mixes of BMPs across the Lake Memphremagog Watershed. This is a modified version of the Lake Champlain Phosphorus Scenario Tool built for the Lake Champlain TMDL (Tetra Tech, 2015b) and is described in the modeling documentation for the Lake Memphremagog TMDL (VDEC, 2017c.) This scenario tool uses land use phosphorus model-generated baseline loading

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coefficient for each land use together with BMP efficiency information generated through a Lake Champlain SWAT model, or literature values, to estimate the amount of phosphorus reduction potentially achievable from a wide variety of user-selected BMP scenarios in each lake segment sub-watershed. Through this tool, BMPs can be applied across a set acreage or percentage of a given land use across a sub-watershed draining to a lake segment in either Vermont or Quebec. The tool then estimates the load reduction achieved. The load reduction estimates are then input into the bathtub model (described in the previous section) which estimates the resulting change in lake phosphorus concentration for each lake segment.

3.2.2.3. Monitoring and research

United States Geological Survey (USGS)- Flow Monitoring

The USGS maintains three flow gages in the Vermont portions of the Lake Memphremagog watershed in addition to a water level gage on Lake Memphremagog itself which was established in 1931. The Black River gage has been in operation since 1951, the Barton River gage since in 2010, and the Clyde River gage was established in 1909 with a few years break in the record around 1927.

Vermont Lay Monitoring Program - Vermont Department of Environmental Conservation

The Vermont Lay Monitoring Program (VLMP) provides training and equipment for local volunteers or lay monitors to sample surface waters in Vermont. The program began in 1979 and has three main goals: 1) to establish baseline water quality data; 2) to track trends in nutrient enrichment; 3) to provide education and outreach. Lay monitors sample surface waters every week to ten-days throughout the season from Memorial Day (last Monday in May) to Labor Day (first Monday in September) for phosphorus, secchi depth, and chlorophyll a. A minimum of eight samples must be taken over the season to calculate average values (VDEC, 2018b).

The lay monitoring program has been active in the Memphremagog Watershed since 1985. There are two sampling sites on Lake Memphremagog, one in the center of South Bay and one located in center of lake off Whipple Point (Station 294/Memph 03) (See Figure 2-6 in section 2.2.2).

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Additionally, lay monitors sample Salem Lake, Seymour Lake, Shadow Lake, Great Hosmer Pond, Long Pond, Lake Willoughby, Lake Parker, and Echo Lake in the Vermont portion of the watershed.

Water quality data from the lay monitoring program is available online at https://dec.vermont.gov/watershed/lakes-ponds/data-maps/lay-monitoring

Cyanobacteria Monitoring Program - Vermont Department of Environmental Conservation and Vermont Department of Health (VDH)

The VDEC and VDH currently provide training for volunteers to visually assess surface waters for the presence of cyanobacteria. Volunteers log their (weekly) observations with the online cyanobacteria tracker. If a bloom is present, the VDH advises that all contact be avoided and may recommend that specific areas, such as swimming beaches, be closed for recreational activities. Jurisdiction to close beaches resides with the local town health officer and VDH works closely with local officials to develop an appropriate response and communication plan. At the end of each year, VDEC releases a report on the cyanobacteria observations for the season. All data is available online at http://www.healthvermont.gov/tracking/cyanobacteria-tracker.

Since 2013, the Memphremagog Watershed Association (MWA) has recruited and coordinated cyanobacteria monitors on the Vermont portion of Lake Memphremagog and has helped facilitate trainings for volunteers to recognize cyanobacteria. Prior to 2013, no formal monitoring program existed and blooms were reported by residents and VDEC staff. In 2013, routine summer monitoring under the guidance of the Lake Champlain Committee, VDEC, and the Vermont Department of Health (VDH) was initiated at selected locations following protocols used on Lake Champlain (Shambaugh, 2018).

Generally, if a bloom is identified on the Vermont portion of Lake Memphremagog, samples of cyanobacteria are not required, as visual observations and photograph documentation are sufficient to close an area for recreation following VDH guidelines even if the presence of cyanotoxins is not confirmed. This allows for rapid response to cyanobacteria bloom conditions, which can change rapidly. Water testing and taxonomic samples require several days before results are available. The visual assessment protocol used in Vermont was developed specifically to facilitate rapid response by local authorities.

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Voluntary Tributary Water Quality Monitoring Program

Since 2005, the voluntary tributary monitoring program has sampled over 153 sites throughout the Vermont portion of the Memphremagog Watershed. This program is supported by the LaRosa Partnership Program through the VDEC which supports the processing of the water sample at Vermont State Laboratories. A wide array of funding sources has provided organizational support to collect and analyze data since 2005.

Sampling of tributaries has been conducted through the collaborative efforts of the Orleans County Natural Resources Conservation District, NorthWoods Stewardship Center, and the Memphremagog Watershed Association under the lead of Fritz Gerhardt of Beck Pond LLC.

The LaRosa program includes testing for nitrogen, phosphorus, and before 2017 turbidity eight times per year with two sample dates targeting active runoff events.

Data from this sampling program have been used to assess areas of concern for nutrient loading as shown in Figure 2-5 in section 2.2.1 and has led to efforts to work with specific landowners and agricultural producers to implement best management practices and track the effect of those BMPs on water quality (VDEC, 2017a).

3.2.2.4. Decision support tools

Stream Geomorphic Assessments (SGA)

Three stream geomorphic assessments have been completed for the Memphremagog Watershed by the NorthWoods Stewardship Center with guidance of VDEC. In 2008, an assessment for the Barton and Johns River, and the Clyde River were completed, and in 2011, the Black River. These reports are available online: https://dec.vermont.gov/watershed/rivers/river-corridor-and- floodplain-protection/geomorphic-assessment

The purpose of an SGA is to provide guidance on how to balance human activities, development, and water use with stream corridor protection and restoration. The reports are used as watershed planning and educational tools, to ensure that development and projects are planned and implemented in such a way that is consistent with current stream geomorphic features as well as the expected stream channel evolution (VDEC, 2018c).

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Stormwater Master Planning and Stormwater Infrastructure Mapping

In 2016, a Stormwater Master Plan was produced for the Vermont portion of the Memphremagog Watershed by Watershed Consulting Associates (WCA). WCA was hired by the Memphremagog Watershed Association (MWA) using funding from a Vermont Ecosystems Restoration Program grant from VDEC. The plan uses the Stormwater Mastering Planning Guidelines set out by the VDEC to identify twenty priority projects across the towns of Barton, Coventry, Derby, Glover, Irasburg, Newport City, and Orleans Village. These priority projects where chosen as high impact locations for stormwater retrofits to reduce the amount of phosphorus entering waterways. In the report, four of these priority projects were accompanied by a 30% design for a stormwater retrofit (WCA, 2016). This report is being used as a planning tool for MWA and municipalities to apply for additional funding to design and implement stormwater retrofits around the watershed to reduce phosphorus from developed lands to help meet the TMDL phosphorus reduction targets.

Stormwater Infrastructure Mapping has also been completed for multiple municipalities in the watershed. This mapping was done by VANR and is used as a decision-making tool for the towns to maintain existing stormwater infrastructure and plan for future upgrades. Stormwater Infrastructure Mapping has been completed for the municipalities of Albany, Barton, Brighton, Craftsbury, Derby, Glover, Irasburg, Newport Center, and Orleans Village.

Tactical Basin Planning

Tactical Basin Plans (TBP) are produced every five years by Watershed Planners at VDEC in close coordination with basin partners. TBPs provide an evaluation of surface water quality, identify problems and threats, and recommend watershed projects and funding sources to bring waters into compliance with current state water quality standards (VDEC, 2018a). According to Act 64, or Vermont’s Clean Water Act, actions that improve water quality undertaken by the state must be included in the TBPs and the state must establish relationships with local actors to carry out these actions (VDEC, 2017c). As such, TBPs are an important planning tool and project prioritization document.

Vermont is broken up into fifteen basins. The Vermont portion of the Memphremagog Watershed is in Basin 17, the Memphremagog, Tomifobia, and Coaticook Basin. The TBP for Basin 17 was completed in 2017 and had, as a primary focus, the implementation of phosphorus reductions as

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required to meet the Lake Memphremagog TMDL. The TBP includes recommendations for actions to be taken on each type of land use to reduce phosphorus loading in proportion to the percent loading from each type of land (VDEC, 2017c). These recommended actions and projects are compiled on VDEC’s Watershed Project Database, which serves to assist in the prioritization of water quality projects, guide state funding, and watershed organizations and municipalities in their water quality projects. Future basin planning cycles will make use of additional monitoring and modeling information to develop priorities for implementation at five-year intervals allowing for an iterative process to implement the TMDL over time. The TMDL calls for a 29% reduction in phosphorus loading.

3.2.2.5. Current implementation of best management practices (BMPs) in the United States watershed a) Agricultural sector

Required Agricultural Practices

Act 64 required that Secretary of the Vermont Agency of Agriculture, Food and Markets (VAAFM) amend Vermont’s Accepted Agricultural Practice (AAPs) Rule to strengthen practices to reduce the impact of agriculture on water quality and implement the small farm certification program. The AAPs became effective in 1995 and were revised in 2006. In 2016, an updated series of practices and management strategies for all Vermont farmers was approved, known as the Required Agricultural Practices (RAPs). These new RAPs were amended again in 2018 (VAAFM, 2018). According to the Required Agricultural Practice Rule (2016) the purpose of the updated standards and practices is to reduce or eliminate sediment and nutrient losses, including cropland erosion, through improved farm management techniques, technical support, and when needed, enforcement, all to protect Vermont’s waterways.

RAPs include standards and practices for:

• Farm size classification • Water Quality Training • Nutrient Management Plans • Discharges • Soil Health

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• Manure and Nutrient Storage • Manure and Nutrient Application • Buffers • Animal Mortalities • Livestock Exclusion • Ground Water • Farm Structures

Between 2012-2016, agricultural producers in the Memphremagog Watershed adopted BMPs to reduce runoff on over 7,000 ac. (2,833 ha) costing a total of $1.5 million US ($1.96 CAN) (VTDEC, 2017c). Data on BMP adoption was compiled by the Orleans County NRCD and is based on Natural Resources Conservation Service (NRCS) and VTAAFM financial assistance program data. For the TMDL, an analysis of the impact of BMPs since 2012 suggests a phosphorus reduction of 250 kg/year (550 lbs/year) due to the installation of those practices (VDEC, 2017c).

The following programs and organizations are working to assist farmers with the continued and increased adoption of BMPs in the Memphremagog Watershed in Vermont through technical and financial assistance.

VAAFM Best Management Practice Program

The Best Management Practice program is a voluntary program to assist farmers with implementing conservation practices to improve water quality. From 2012-2016 over $217,000 US ($293,000 CAN) in funding was spent on barnyard improvement projects in the Lake Memphremagog watershed (VDEC, 2017c).

VAAFM Farm Agronomics Program

The Farm Agronomics Program (FAP) is a voluntary program that provides financial assistance to help farms implement soil based agronomic practices that improve soil quality, increase crop production, and reduce erosion and field runoff. This program funded over 4,000 ac. (1619 ha) of cover crop and conservation tillage in the Lake Memphremagog watershed from 2012-2016 (VDEC, 2017c).

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United States Department of Agriculture/ Natural Resources Conservation Service (USDA/NRCS)

USDA/NRCS provides resources and BMPs guidance for farmers across the United States. In the Memphremagog Watershed, the USDA/NRCS office is located in Newport, VT. USDA/NRCS employees provide direct assistance to farmers and can assist with the development of conservation plans. Further, USDA/NRCS offers a cost sharing program called the Environmental Quality Incentives Program (EQIP) which provides direct financial assistance to farmers for BMP implementation. USDA also has other grant making programs and is currently funding the Memphremagog RCPP (see below).

Conservation Districts

The Orleans County and Essex County Natural Resources Conservation Districts are two of fourteen conservation districts in state of Vermont. Conservation Districts exists by state statue, are subdivision of local government with municipal legal status and function like nonprofits. Orleans County Conservation District covers 95% of the Vermont portion of the Memphremagog Watershed and who staff provide direct technical assistance and financial assistance to municipalities and landowners including agricultural producers. Current agricultural program offerings include implementing farmstead and field BMPs including riparian restoration, Nutrient Management Plan (NMP) development and implementation, education and outreach offerings, agricultural BMP water quality monitoring program and promotion of agricultural water quality success stories. Funding for the Conservation District programs and the pass through for financial assistance to farmers comes from USDA, State of Vermont sand private funding sources. Outreach and educational opportunities for farmers also include the development and distribution of materials and workshops. The Orleans County NRCD created an online RAP quiz (https://www.vacd.org/rapquiz/) which not only provide farmers, service providers and interested community members with information on the RAPs and Farm BMP practice, that also count towards the RAP required water quality training hours for all certified and permitted farms Conservation district also offer an agricultural conservation equipment rental programs – soil probes, portable skidder bridge, portable truck scales and soil aeration equipment. Lastly, Conservation District staff organize the Memphremagog Agricultural Workgroup that is made up of conservation district, state and federal agency staff and other partner staff working with farmers

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in the watershed. The workgroup meets biannually to discuss current programs, coordination efforts and other relevant topics of importance.

USDA Regional Conservation Partnership Program (RCPP)- Memphremagog Long-Term Water Quality Partnership or “Memphremagog RCPP”

The Memphremagog RCPP is a 5-year project that began in 2016 and is led by the Orleans County NRCD. The program has pulled together twelve regional partners with a focus on reducing nutrient runoff from agricultural lands in targeted subwatersheds of the Memphremagog. The subwatersheds were chosen as priorities based on high phosphorus concentrations recorded by a decade of water sampling.

Through this program, there is approximately $400,000 US ($540,00 CAN) available as financial assistance for farmers to develop Nutrient Management Plans (NMPs) and implement BMPs. There is also $275,000 US ($ 371,000 CAN) for direct technical assistance to farmers participating in the project. Additionally, the twelve partners committed additional support for technical and financial assistance in the amount of $674,000 US ($910,000 CAN) for water quality improvements. This program incorporates volunteer water quality sampling described in section 3.2.2.3 into technical assistance provided to farmers to guide BMP projects to area of the farm where water sampling identifies the most critical source areas. The program also includes follow up water quality monitoring after BMPs have been installed to evaluate the effectiveness of projects at addressing water quality issues and the publication of success stories to encourage greater participation in these programs.

Vermont Land Trust (VLT)

VLT is a nonprofit that works to conserve Vermont farmland, as well as forest lands, through conservation easements. When working with farmland and landowners, VLT connects the land owner with financial and technical resources to reduce nutrient loading and improve land management, such as USDA/NRCS staff and resources. VLT also establishes riparian buffers on conserved farm and forest land to protect river corridors, provide habitat, and reduce nutrient loading.

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b) Developed Lands

Memphremagog Stormwater Collaborative

In 2017, fourteen Vermont regional partners came together as the Memphremagog Stormwater Collaborative (SWC). The purpose of the group was to inventory current projects underway to reduce stormwater runoff, to identify areas of collaboration, and to write a strategic plan to guide stormwater work for the next three years. In June of 2018, the Memphremagog Stormwater Strategic Plan was released which outlines three years of priority projects with potential funding sources and collaborative approaches (MWA, 2018). Projects span all sectors including large and small scale Green Stormwater Infrastructure (GSI), roads, agriculture, outreach/education, and town planning. The SWC continues to meet biannually to assess progress on the goals laid out in the strategic plan, as well as collaborate on projects.

Roads

In the Vermont portion of the watershed, 60% of the paved roads are managed by the state of Vermont, while the majority of dirt roads are managed by the towns (VDEC, 2017c; VDEC 2018d). There are also private roads and driveways throughout the watershed, many of which are adjacent to waterways and are not subject to any regulation. Erosion from roadways, especially dirt roads, is a significant source of sediment and phosphorus in the watershed. The TMDL model estimates that 1.2% of the phosphorus comes from paved roads and another 8.2% coming from dirt roads (VDEC, 2017c). Throughout the entire state of Vermont there are 15,840 total road miles (Class 1-4 roads) (25,492 km), 13,131 total road miles (21,132 km) are municipal roads (VDEC, 2018d). This means that towns in Vermont managed approximately 83% of the road ways, with the state managing 17%.

Vermont currently has two programs to reduce runoff from roadways, both of which are being implemented in the Memphremagog watershed, one for municipal roads and one for state transportation infrastructure.

As required by Act 64, the Municipal Roads General Permit (MRGP) was finalized in 2018. The MRGP requires that all municipalities in Vermont conduct a Road Erosion Inventory (REI) to assess all hydrologically connected road segments to determine if the segments meet the MRGP

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standards. Initial REIs must be completed by December 31st, 2020. Municipalities must then develop implementation plans and bring all hydrologically connected road segments up to standard by 2037. There is state funding available for municipalities to pay for the REI and to apply for municipal roads projects through VDEC’s Municipal Grant-in-Aid program and other water quality grants (VDEC, 2018d).

Most municipalities in the Memphremagog Watershed have recently completed or are working on completing the REI. Local organizations such as NVDA, Orleans and Essex County NRCD, NorthWoods Stewardship, and MWA have been hired to collect the data and produce REI reports. Municipalities have also begun applying for funding to implement road upgrades.

State transportation infrastructure is managed under a separate permit throughout the state known as the Transportation Separate Storm Sewer System General Permit or TS4 which was released in 2016. Currently, VDEC is working with VTrans to develop a Phosphorus Control Plan which will incorporate Memphremagog TMDL phosphorus reductions and guide VTrans in required upgrades and projects for state transportation infrastructure. The Phosphorus Control Plan will outline BMPs with a design, construction, and financial plan for VTrans controlled infrastructure (VDEC, 2017c). In their annual operations, VTrans maintains state roads and annually replaces and upgrades culverts.

Lake Wise

The Lake Wise initiative from the VANR is a program that awards landowners for having lake- friendly property. The program seeks to change the way landowners develop and live on the lakeshores by working with landowners and awarding those who implement BMPs for shorelands that both reduce runoff, reduce impervious surfaces, and provide shoreline habitat to improve the quality of the lake littoral zone (VDEC, 2018e).

The program is voluntary for landowners. Landowner invite a Lake Wise Assessor to their property to evaluate their land based on the Lake Wise Criteria in the categories of shore, recreational area, septic, driveway, and structure. If all the BMPs are already in place, the landowner will receive the Lake Wise Award. If there are projects a landowner needs to implement, then the assessor gives the landowner project suggestions and there is technical assistance available through the

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Lake Wise Program. Landowners have three years to implement practices and be reassessed to receive the Lake Wise award (VDEC, 2018e).

If 15% of the landowners around a lake are certified Lake Wise, then that lake receives Gold Lake Wise Award. The social science behind this suggests that the 15% is the critical threshold over which others will follow the example (VDEC, 2018e).

In the Memphremagog Watershed, lake associations and NorthWoods Stewardship Center have been working to provide assessments to landowners and implement projects to certify properties. In 2017, both Seymour and Echo Lake Associations worked with landowners to achieve the Gold Lake Wise Award for their lakes. Assessments, certifications, and project implementations continue annually.

In addition to assessments and implementation, area Lake Associations and MWA also host educational workshops for landowners on BMPs for shoreland owners and lake shore management, pulling from the Lake Wise program and materials.

Large Scale Stormwater Retrofits

In 2016, the Memphremagog Stormwater Master Plan was completed as described in section 3.2.2.4. There are 20 priority retrofit projects listed in the Stormwater Master Plan that are ready for design to lead to implementation to reduce phosphorus entering into the Vermont portion of the watershed (WCA, 2016).

Currently, MWA has two ecosystem restoration program grants from the VDEC to complete 100% designs on the Newport City Turnout Project and Numia Medical Facility (as named in the Stormwater Master Plan). These designs are anticipated to be completed in 2019, followed by implementation.

Two of the projects in the Stormwater Master Plan are on VTrans facility and would collectively remove 57kg (124 lbs) of phosphorus a year (WCA, 2016). Design and completion of these projects could be included in the Phosphorus Control Plan which is currently being.

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Municipal Planning and Projects

Northeastern Vermont Development Association (NVDA) is the Regional Planning Commission that covers the 50 towns and gores in Essex, Caledonia, and Orleans Counties, this covers all the towns and gores in the Memphremagog watershed. NVDA works directly with municipalities to provides planning assistance for transportation and natural resource projects, as well as town planning and regulation. NVDA also administers grants directly to organizations and municipalities. The partnerships between NVDA, municipalities, and organizations results in the development and implementation of projects to reach sustainable development goals.

In 2017 and 2018, through two grants from VDEC, NVDA worked closely with the Conservation Districts to coordinate activities that support the goals in the Tactical Basin Plans. The grants supported the Conservation Districts in outreach, coordinated monitoring programs, develop water quality projects, and organize local working groups.

Private Septic

VDEC is the permitting agency for alterations to existing or installation of new private wastewater facilities and has regional offices with permit specialists to assist landowners. In 2007, the Vermont Wastewater System and Potable Water Supply Rule came into effect which removed permit some of the exemptions for new construction, alternation, additional connections, or repair or replacement of existing private waste water systems. Amendments to these rules were proposed in 2018 and a series of public meetings were held. The final new rules have not yet been released (VDEC, 2019). c) Natural lands

Unstable Stream Banks and Riparian Habitat

Significant efforts have been made in the Memphremagog Watershed to restore floodplain forest and to plant riparian buffers. From 2005 to 2016, through the combined efforts of the Nature Conservancy, Vermont Fish and Wildlife, Conservation Reserve Enhancement Program, NorthWoods Stewardship Center, and the Orleans County NRCD over 24 ha (60 ac.) of buffers were planted; this covers 21 km (13 mi) of stream bank (VDEC, 2017c).

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As of 2019, Vermont Fish and Wildlife Department (VFWD) owns over 105 km (65 mi) of stream bank on the major tributaries of the Memphremagog Watershed. Most of these streambank parcels are 5 m (16.5 ft) wide floating ownership, meaning that the ownership moves with the river. VFWD is currently managing and protecting that land to provide access for anglers, as well as to protect and conserve the land; a) to better enable it to function as a “filter” for nutrients and contaminants before they reach the water; b) to function as wildlife corridors; c) to shade and cool the water which leads to water temperatures more conducive to our native fish (like brook trout) and; d) to grow mature floodplain forests whose trees and root systems will protect against erosion of soils and which will add to large wood deposition into the streams and onto the floodplain where they provide habitat for both aquatic and terrestrial species. VFWD holds an Ecosystems Restoration Program grant from the Vermont Department of Environmental Conservation to survey their riparian lands in 2019 and to prioritize projects which will reduce nutrient loading and improve riparian habitat. Additionally, VFWD has received funding from the Great Lakes Fisheries Commission (GLFC) to complete a binational angler survey of Lake Memphremagog on both sides of the International border to be conducted from December 2018 to November 2020. Long term, continued GLFC funding could support the implementation of projects to acquire and improve riparian habitat.

Lastly, VFWD is experimenting with methods to best convert former agricultural fields with abundant and robust invasive exotic plant species back to floodplain forest at South Bay and Willoughby Falls Wildlife Management Areas.

The Conservation Corps at NorthWoods Stewardship Center is an education and employment opportunity for youth, ages 15-25. Through the program, participants learn about conservation practices through hands-on installation of projects. During each field season, crews of Conservation Corps work in the Memphremagog Watershed (and throughout all six New England states) on trail maintenance, stream bank restoration, stormwater best management practice installation, invasive species manual removal, and wildlife habitat restoration projects. The NWSC crews have also installed stormwater management practices on boating and Fish and Wildlife Department access ramps. It is through this program that NWSC has installed Lake Wise practices, riparian buffers, and other shoreline BMPs in the Memphremagog Watershed. The Conservation Corps Watershed Crew program has been funded through VDEC Clean Water Initiative Work

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Crew grants, Ecosystem Restoration Program grants, and a few private contracts. In 2018, the Watershed Crew installed stormwater best management practices on five lakeshore properties on Seymour and Echo Lakes. Practices installed included driveway open-top culverts, infiltration steps, vegetated swales, vegetated infiltration areas, dry wells, parking area delineations, and rain gardens, among various others. Practices are designed to redirect stormwater to areas where it can infiltrate rather than flow over erodible surfaces, and to encourage biofiltration of runoff before it reaches the surface waters.

Forest Lands

Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont or AMPs were first established in 1987. Act 64 required that the Commissioner of Vermont Forest Parks and Recreation update and revise AMPs. The revised AMPs were released in 2016-2017, only to be revised again and finalized in August of 2018. According to the AMPs, “the purpose of the acceptable management practices is to provide measures for loggers, foresters, and landowners to utilize, before, during, and after logging operations to comply with the Vermont Water Quality Standards and minimize the potential for a discharge from logging operations in Vermont.”

The Orleans County NRCD also offers portable skidder bridge rentals for logging operations allowing. This practice reduces both stream bank and stream bed disturbance. The portable bridges reduce disturbance of aquatic habitat as well as sedimentation and are considered a best management practice for stream crossing according to AMPs. The Orleans County NRCD rental program allows for affordable access to this equipment.

The NorthWoods Stewardship Center has a Forest Stewardship Institute program that is designed to educate and consult landowners and forestry professionals on advancing sustainable land management practices. NorthWoods staff will provide direct assistance to forest owners through site visits, land management plans, forestry services, low impact timber harvest, invasive species control, and mapping (Northwoods, 2019). d) Point Sources: Waste Water Treatment Facilities

There are currently 4 wastewater treatment facilities in the Vermont portion of the Memphremagog Watershed. As of 2019, new permits are being issued from VDEC for all four facilities which

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include reducing the wasteload allocation for each facility by 33.2% from current permitted levels to reach TMDL phosphorus targets. In addition to this, permits will include a requirement for the development of a Phosphorus Optimization Plan (POP) to increase the WWTF’s phosphorus removal efficiency by implementing optimization techniques that achieve phosphorus reductions using primarily existing facilities and equipment. To ease the financial burden of these new requirements, VDEC will be working with the municipalities to provide flexibility in meeting these goals, including a period of facility optimization, allowing for municipalities to reduce loading using their current technologies (VDEC, 2017c). WWTF are also required to have a Nitrogen Optimization Plan in their permits. e) Recreational tourism sector

The Memphremagog watershed has an active outdoor recreation sector for both tourists and residents. Walking, hiking, or biking trails within 76 m (250 feet) of mean water level are regulated under the Vermont Shoreland Protection Act, with any new construction or expansion subject to permitting processes. Boating within 61 m (200 feet) of the shoreline is also regulated, requiring that boats operate at “no wake speed” which is defined as the speed at which the vessel does not create a wake, not to exceed 8 km/h (5 mi/h) (Vermont Boat Course, 2019).

In 2018, the Vermont Land Trust secured funding to build a recreational trail on the Bluff Side Farm in Newport that connect the bike path in Newport to the Beebe Spur trails which continues into Quebec. This path will include a bridge that crosses over Scott’s Cove and along Lake Memphremagog (VLT, 2019). Newport City is also working on plans to expand the bike path along Prouty Beach to give better access to the water and recreational opportunities, a project that if permitted and funded would be installed in 2019 (Lambert, K., MWA, pers. Comm., 2019). In late 2017, a walking path continuation of the Newport Bike Path with stormwater management practices was installed behind the Waterfront Plaza shopping center. This project was an example of a public/private partnership that provided recreational opportunities and increased aesthetic value of the area, while also mitigating stormwater runoff from a shopping center plaza.

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3.2.3. Inventory of binational nutrient management efforts

Over the past decades, binational committees have been joining their efforts to protect and improve the water quality of Lake Memphremagog Watershed. Following an increasing incidence of cyanobacteria blooms in 1968, the Governments of Canada, United-States, Québec and Vermont has created a first intergovernmental committee to improve the water quality of Lake Memphremagog whom then created a working group to formulate recommendations (Quebec- Vermont Working Group, 1993). After the publication of a report in 1975, the intergovernmental committee did not continue to meet until 1989, but efforts have been made by the governments to address the recommendations contained in the report (Quebec-Vermont Working Group, 1993).

Following the agreement signed between the Governments of Quebec and Vermont in 1989, a Quebec-Vermont Working Group has been created and a report have been published in 1993 containing 47 recommendations to improve the water quality of Lake Memphremagog (Quebec- Vermont Working Group, 1993). In 2005, it was determined by the Quebec/Vermont Steering Committee that progress had been made on 37 of these recommendations, and, of these 27 were completed (Quebec/Vermont Steering Committee, 2008).

In 2008, following another sequence of cyanobacteria blooms, a new report has been done by the Monitoring and Assessment Work Group of the Quebec/Vermont Steering Committee (Quebec/Vermont Steering Committee, 2008). The recommendations provided in this last report are an extension of the recommendations listed in the 1993 report, modified to omit actions that have been accomplished, and include new activities as well. In 2008, the Quebec/Vermont Steering and Technical Committees also facilitated the collaborative effort to develop a watershed phosphorus export model (Copans, B., VDEC, comm. pers. 2019).

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Appendix 3-1 List of Canadian Stakeholders

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Municipalities

Austin Potton Township Website: www.municipalite.austin.qc.ca Website: www.potton.ca

Bolton-Est St-Benoît-du-Lac Website: www.boltonest.ca Website: www.abbaye.ca

Ogden Stanstead Township Website: http://www.munogden.ca/ Website: www.cantonstanstead.ca

Orford Township Town of Magog Website: www.canton.orford.qc.ca Website: www.ville.magog.qc.ca

MRC Memphremagog Town of Sherbrooke Website: www.mrcmemphremagog.com Website: www.ville.sherbrooke.qc.ca

Quebec Provincial Government

Orford County - Gilles Bélanger Ministère de l'Agriculture, des Pêcheries Website: et de l'Alimentation du Québec (MAPAQ) https://coalitionavenirquebec.org/fr/blog/equ Website: www.mapaq.gouv.qc.ca ipe/gilles-belanger/ Ministère des Forêts, Faune et Parcs Ministère de l’Environnement et de la (MFFP) Lutte contre les changements climatiques Website: mffp.gouv.qc.ca/ (MELCC) Website: www.environnement.gouv.qc.ca

Canadian Federal Government

Compton-Stanstead County - Hon. Environment and Climate Change Marie-Claude Bibeau Canada (ECCC) Website: http://mcbibeau.liberal.ca/ Website: www.ec.gc.ca

Brome-Missisquoi County - Hon. Denis Paradis Website: http://dparadis.liberal.ca/

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First nations

Conseil des Abénakis d’Odanak Website: https://caodanak.com/

Regional organizations

Agence de mise en valeur des forêts Conseil régional de l'environnement de privées de l’Estrie (AMFE) l'Estrie Website: www.agenceestrie.qc.ca Website: www.environnementestrie.ca

Association forestière du sud du Québec Appalachien Corridor appalachien (AFSQ) Website: www.corridorappalachien.ca Website: https://afsq.org

Aménagement forestier et agricole des Fédération Québécoise des chasseurs et Sommets inc. pêcheurs de l’Estrie : Website: http://www.afasommets.qc.ca/ Website: http://fedecp.com/communaute- evenements/05-estrie/conseil-d- Club agroenvironnemental de l’Estrie administration (CAEE) Website: www.caeestrie.com Union des producteurs agricoles (UPA) – Estrie Conseil de gouvernance de l'eau des Website: https://www.estrie.upa.qc.ca bassins versants de la rivière Saint- François (COGESAF) Website: www.cogesaf.qc.ca

Local organizations and lake associations

Association du Marais-de-la-Rivière-aux- Association de protection du lac Gilbert Cerises (LAMRAC) Website: Association des propriétaires de la baie https://maraisauxcerises.com/lamrac/general des Aulnes /association-du-marais-de-la-riviere-aux- cerises.php Association des propriétaires du lac Malaga Association pour la protection et l’aménagement du ruisseau Castle Association des propriétaires du lac (APARC) Miller

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Association des propriétaires du lac Nick Memphremagog Wetlands Foundation (MWF) Association des propriétaires de la Pointe- Gibraltar Memphremagog Conservation Inc. (MCI) Website: www.memphremagog.org Association des propriétaires de Southière-sur-le-Lac Mont-Orford Park Website: Association des propriétaires du lac des www.sepaq.com/pq/mor/index.dot?language Sitelles _id=2

Association des propriétaires des Villas de RAPPEL – Coop l'Anse Website: www.rappel.qc.ca/

Association des riverains du lac à la truite Société de conservation du lac Lovering (SCLL) Website: www.laclovering.org

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Appendix 3-2 List of US Stakeholders

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Municipalities

Town of Albany Town of Holland

Averys Gore Town of Irasburg

Town of Barton Town of Lowell Website: https://bartonvt.com/ Website: http://www.townoflowell.org/

Town of Brighton Newport City Website: http://brightonvt.org/ Website: https://www.newportvermont.org/

Town of Brownington Newport Town

Town of Charleston Town of Morgan Website: http://charlestonvt.org/town-office/ Website: http://townofmorgan.com/

Town of Coventry Town of Newark Website: http://www.coventryvt.org/ Town of Sheffield Town of Craftsbury Website: http://www.sheffieldvt.org/ Website: https://www.townofcraftsbury.com/ Town of Sutton Website: http://suttonvt.org/ Town of Derby Website: https://derbyvt.org/ Town of Westmore Website: http://www.wolcottvt.org/ Town of Eden Website: https://www.edenvt.org/ Warners Grant

Town of Glover Warrens Gore Website: http://townofglover.com/ Town of Wolcott Town of Greensboro Website: http://www.greensborovt.org/

Vermont State Government

Vermont Fish and Wildlife Vermont Agency of Natural Resources Website: http://www.vtfishandwildlife.com/ Website: https://anr.vermont.gov/

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Vermont Department of Environmental Vermont Agency of Agriculture Food and Conservation Markets Website: http://dec.vermont.gov/ Website: http://agriculture.vermont.gov/

Vermont Agency of Transportation Vermont Department of Forests Parks Website: http://vtrans.vermont.gov/ and Recreation Website: https://fpr.vermont.gov Vermont Department of Health Website: http://www.healthvermont.gov/

Lake, River, and Watershed Associations

Echo Lake Protection Association Salem Lakes Association Website: Website: http://www.salemlakesvt.org/ http://www.echolakeassociation.net/ Seymour Lake Association Lake Parker Association Website: http://seymourlake.org/ Website: http://lakeparker.org/contact-us/ Shadow Lake Association Memphremagog Watershed Association Website: http://shadowlakeassociation.org/ Website: www.mwavt.org Westmore Association Website: https://westmoreassociation.org/

Non-Governmental Organizations

Essex County Natural Resources Orleans County Natural Resources Conservation District Conservation District Website: http://essexcountynrcd.org/ Website: https://www.vacd.org/conservation- Federation of Vermont Lakes and Ponds districts/orleans-county/ Website: http://vermontlakes.org/ Vermont Land Trust Northern River Land Trust Website: www.vlt.org Website: http://www.northernriverslandtrust.org/inde Vermont Forests Products Association x.html Website: http://www.vtfpa.org/

NorthWoods Stewardship Center Vermont Reptile and Amphibian Atlas Website: Website: https://www.vtherpatlas.org/ https://www.northwoodscenter.org/wordpres s/

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Watersheds United Vermont Website: https://watershedsunitedvt.org/

Colleges and Universities

Community College of Vermont University of Vermont, Rubenstein Website: http://ccv.edu/location/ccv- School of Environment and Natural newport/ Resources Website: https://www.uvm.edu/rsenr Sterling College Website: sterlingcollege.edu

Federal Agencies

National Science Foundation United States Department of Agriculture Website: https://www.nsf.gov/ Natural Resource Conservation Service Website: https://www.rd.usda.gov/vt US Army Corps of Engineers Website: http://www.wolcottvt.org/ US Fish and Wildlife Services Website: https://www.fws.gov/ US Environmental Protection Agency Region 1 US Geological Survey Website: Website: https://www.usgs.gov/ https://www.epa.gov/aboutepa/epa-region-1- new-england

Private Industry

Beck Pond LLC Newport Marine Service

Casella Waste Management Website: https://www.casella.com/locations/waste- usa-landfill-coventry-landfill

Other

Northeastern Vermont Development Association Website: http://www.nvda.net/

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Appendix 3-3 Sampling sites monitored since 2006 in the tributaries of the Quebec portion of the watershed

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Chapter 4 Summary

Science and Policy Analysis

Chapter 4 is an analysis based on a literature review presented in Chapter 2 and 3, an online survey, local working group meetings, and meetings of the Memphremagog Study Advisory Group (MSAG), in order to better understand the needs and opportunities for scientific research and policy in the Memphremagog Watershed. Canada Science and Policy Analysis Context Lake Memphremagog is the largest body of water in the region of Estrie, an important drinking reservoir for more than 175,000 people mostly from the City of Sherbrooke and the City of Magog and a major tourist draw and fishing destination. Despite the development pressure, the Quebec portion of Lake Memphremagog watershed is still mainly natural: the natural lands represent about 82% of the land use, followed by 10% of agricultural lands and 8% of developed land both representing respectively 33% and 42% of the Quebec phosphorus loading estimate. In general, the phosphorus concentration in Lake Memphremagog has been either stable or has slightly decreased since the early 2000s, when the chlorophyll concentration indicated stability. The lake is globally at an oligo-mesotrophic level according to the total phosphorus concentration. However, according to the indicator of algal biomass, it is situated at the mesotrophic level in the southern half of the lake and at the oligo-mesotrophic level in the northern half of the lake. Fitch Bay and South Bay, which are isolated and distinct sections of the lake, show a more advanced state of eutrophication. These water quality data can indicate that interventions have, to some extent, prevented degradation of the water quality despite pressures (eg climate change, population increase in the watershed). Because it is predicted that the population of the Regional County Municipality (MRC, Municipalité régionale de comté) Memphremagog will continue to grow, which will likely continue to convert natural lands into developed lands, that climate change will increase future nutrient loading and the frequency of cyanobacteria blooms in the lakes of the region, that some areas of the lake show a more advanced state of eutrophication, and because of the importance of Lake Memphremagog as a regional drinking reservoir, it is important to prevent is degradation.

Canada Science Analysis The literature review showed that additional science is needed in the Quebec portion of the watershed regarding water quality to identify the nutrient sources, to evaluate the effectiveness of BMPs and to measure the evolution of water quality in the watershed. • A lake water quality monitoring program and a tributary water quality monitoring program exist for many years and the distribution of the monitoring stations has a good spatial 142

coverage. The measurement of the water flow in the tributaries would increase the precision regarding phosphorus loading estimates, water quality hotspot, effectiveness of BMPs and tendencies in the water quality of the tributaries. A global analysis of the water quality datasets would be necessary to identify the limits of these and to propose a sampling strategy at a great temporal scope. • A great number of cyanobacteria blooms have been reported by several stakeholders around the lake. Because the monitoring efforts can largely differ between years, it is not possible to make a portrait of the evolution of cyanobacteria blooms. An improvement in the cyanobacteria monitoring program would be necessary to be able to follow the evolution of the issue. • In the networking survey, Canadian stakeholders mentioned different research needed, as the threats of climate change on the increase of nutrient loading in Lake Memphremagog, the impact of the Coventry landfill and the leachate on the water quality, the impacts of boats on lake Memphremagog and on the localization of the phosphorus sources.

Canada Policy Analysis Water Quality Target Discussion • The Quebec Environment Quality Act targets individual effluents that can be tied to specific citizens and industries. The Quebec portion of the watershed does not have a water quality target for the lake included in a regulatory approach, a process by which to measure progress towards these water quality goals and a current project implementation plan to prioritize projects to reduce nutrient loading in Lake Memphremagog. The implementation of a water quality target for the lake and a strategy of water quality monitoring to follow the impact of the BMPs would support the implementation of an action plan to prioritize action and funding to reduce nutrient loading.

Agricultural Lands Discussion • Only about 10% of the Quebec portion of the watershed is used for agriculture. The annual crops represent about 1% of the land use, with an estimated contribution of phosphorus loading of 11%, and the perennial crops represent about 9% of the land use with an estimated contribution of phosphorus loading of 20%. When the dominance of perennial crops limits phosphorus export linked to water erosion, the high erosivity of the relief submits some areas to high rates of erosion in annual crops. However, little information exists about erosion problems among annual crops or perennial crops in critical zones, as steep slopes, and erosion among agricultural field must be assessed. Incentives given to agricultural producers to keep perennial crops would prevent an increase of nutrient loading in Lake Memphremagog. • The erosion along the water courses of the agricultural producers of the watershed has been characterized. Little information exists on if the producers have implemented BMPs since this characterization and the issue must be assessed. Incentives to agricultural producers who restore larger shorelines, can be needed to increase the ecological services provided by these natural lands.

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• The manure storage and spreading practices can cause significant phosphorus exports. Because of the relatively high proportion of livestock farming in the agricultural sector, it is important to assess manure management to ensure that the Agricultural Operations Regulation (REA, Règlement sur les exploitations agricoles) is implemented. • Assistance and incentives to improve manure management among small farms not targeted by the REA could prevent issues, as the storage on the ground. Some incentives already exist among the Prime-Vert program, but they are not commonly used by the agricultural producers in the watershed. The manure management among small farms must be assessed.

Developed Lands Discussion • The developed lands, including paved roads, dirt roads and septic systems, have been estimated to be the largest source of phosphorus in the Quebec portion of the watershed.

• No stormwater runoff portrait has been done at a watershed scale and a global portrait would be necessary to implement an action plan to identify priorities, and priorities for funding. • Roads represent 15% of the phosphorus loading estimate for the Quebec portion of the watershed. Municipal road network characterizations have been done in some areas and several erosion problematics have been observed. As in Vermont, regulations about the characterization of stormwater infrastructures in the watershed would help to assess this issue. The new Quebec Water Strategy announced in 2018 developed a program to support the municipalities in the implementation of sustainable rainwater management infrastructures. • There are differences between municipal policy to reduce nutrient loading in Lake Memphremagog and its tributaries from new developments, existing developed parcels and roadways. Some municipalities adopted strong measures to control development in steep slopes, erosion during soil manipulation works, tree cutting, application of fertilizers on residential properties, or regarding gutters management. An opportunity would be to expand the stronger municipal regulations throughout the other municipalities, ensuring assistance for bylaws updates and resources for by-laws implementation. The Land Use Planning and Development Plan (SAD, Schéma d’aménagement et de développement) of the MRC, which the review began in 2019, would be an opportunity to adopt a stronger regulatory framework. • Some municipal regulations ensure systematically the compliance of old private septic systems and fund the improvement of substandard septic systems. An opportunity would be to expand these by-laws throughout other municipalities ensuring that assistance for bylaws updates and resources for by-laws implementation are provided.

Natural Lands Discussion • The watershed is still mainly natural: the natural lands provide critical ecological services as water purification and erosion control. Only 9.2% of the Quebec portion of the watershed is protected, when the provincial and federal objectives are to conserve at least 17% of the terrestrial lands and interior water bodies before 2020. Because of the services given by the 144

Lake Memphremagog Watershed regarding the filtration of potable water for more than 175 000 people, the watershed must be a priority zone for the Governments. • Several conservation plans have been done at municipal scales. Due to the importance of maintaining natural lands to prevent nutrient loading, a conservation plan at a watershed scale would be necessary to establish collaborative conservation and restoration goals for the watershed. The Regional Wetlands and Bodies of Water Plan (PRMHH, Plan régional des milieux humides et hydriques) planned for 2022 is an opportunity to plan the protection of wetlands and Lake Memphremagog in the Quebec portion of the watershed. • There are different strengths of municipal regulations to direct residential expansion and control development in natural areas. The SAD of the MRC, which the review began in 2019, is an opportunity to expand municipal regulations to control development in sensitive areas and ensure the protection of natural areas, as wetlands, forests and riparian buffers. • The properties around Lake Memphremagog, particularly located in the municipalities with low population, have high monetary values. Voluntary conservation programs and organizations of conservation can reach conservation goals by conserving natural lands with lower costs, and the incentives given to owners to create a nature reserve can be relatively low. To conserve lands in perpetuity in Lake Memphremagog watershed, conservation programs would have to target Lake Memphremagog watershed and the incentives to create nature reserves must be increased. • In the Networking report, regarding the forest sector, it has been mentioned the need to increase incentives to support foresters to implement and improve bridges and culverts, to apply the FSC certification and to implement Forest Management Plans (PAF, Plan d’aménagement forestier) integrating best management practices.

Recreational Sector Discussion • Golf courses and ski resorts can have impacts on Lake Memphremagog through storm water runoff and erosion and these impacts must be assessed. • Boating in some sensitive areas of Lake Memphremagog is an issue to prevent shoreline erosion and resuspension of the bottom sediment. Awareness campaigns were done, but they need constant financial and human resources. A stronger regulatory approach would be needed in sensitive areas. • In the Quebec portion of the lake, more than 1000 boats have a toilet and the public pump- out stations are only located in Magog and Newport. The possibility to add a pump out service in the Quebec south part of the lake must be assessed.

Collaborations Discussion • Numerous management practices are done by several stakeholders, and a central challenge is to ensure that these efforts are developed in a complementary way. The implementation of an joint action plan at a watershed scale would allow to coordinate the efforts.

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Funding Discussion • Sub-watershed assessments and on-the-ground projects are generally financed by municipalities and local associations. The new Quebec Water Strategy announced in 2018 which includes funding at a provincial scale of $552 million CAN for 5 years and several measures to supports local stakeholders in watershed assessments and on-the-ground projects, is an opportunity to reduce nutrient loading in Lake Memphremagog. • The federal government may also provide programs to implement support initiatives to reduce nutrient loading in Lake Memphremagog and its tributaries.

United States Science and Policy Analysis Background The Lake Memphremagog Watershed, located in the Northeast Kingdom of Vermont, is composed of land uses that include natural lands (77.5%), agricultural lands (17.5%) and developed lands (5.4%) as well as three tributaries (Clyde, Barton, Black and John’s Rivers) that flow into Lake Memphremagog. In 2017, VTDEC established a Total Maximum Daily Load (TMDL) for phosphorus for the Lake Memphremagog Watershed, due to elevated concentrations of phosphorus recorded in the Vermont portion of Lake Memphremagog. After extensive research, including water quality sampling and monitoring, the Tactical Basin Plan (TBP; https://dec.vermont.gov/sites/dec/files/wsm/mapp/docs/Basin17_TBP_Signed.pdf) was developed, which recommends a 29% phosphorus reduction. Additional information about the process and results can be found here: https://dec.vermont.gov/watershed/map/basin- planning/basin17. The TMDL is a legally binding document that requires Vermont to invest in clean water projects in the Memphremagog Watershed and the policy and science analysis in this report is geared towards identifying successes and gaps which will further assist with reaching clean water goals.

United States Science Analysis In stakeholder surveys, additional water quality monitory for phosphorus, other nutrients, and pollutants was identified as the primary need to support the science analysis. ❖ The lack of consistency of the current funding cycle was noted as a challenge. ❖ Technical assistance for data interpretation, particularly in relation to BMP efficacy determination was also noted as a challenge. ❖ Stream Geomorphic Assessment throughout the entire watershed have not yet been completed, although many have been done. ❖ Analysis of the stakeholder responses indicated that while research was deemed important for project implementation, additional research was not recommended. A focus on

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implementation of current plans and regulatory support to implement the on-the-ground projects was supported.

United States Policy Analysis ❖ Nutrient impairment is addressed through both the federal TMDL process (through the Clean Water Act) and the State of Vermont basin planning process. ❖ Project implementation and other regulated activities are covered by additional policies and regulations, such as VT Act 250 and the Shoreland Protection Act. ❖ Responses from United States stakeholders indicated that on a state level, VT has strong regulations, but enforcement, education and dedicated resources were not consistent. This suggests that Vermont needs to close gaps in regulatory implementation with funding, staff, and resources to implement the on-the-ground projects, BMPs, and regulatory requirements already enumerated in Vermont state laws like Act 64 and Shoreland Protection Act. Responses indicated that the top three barriers to project implementation in the Memphremagog Watershed were financial resources, human resources, and political will (mostly local) but that these could be addressed by the following: ➢ Funding Gaps: Act 76 should provide more consistent funding, beginning in October, 2019. Projects that could be addressed through the Act 76 process include: 1). Human Resources/Capacity Building and Collaborative groups, for holistic solutions (several such groups currently exist), 2). Project Development, which would include outreach to landowners, municipalities and other stakeholders and would include site visits, initial scoping, and preliminary design work. 3). Continued funding for design and full implementation of projects. 4). Operations/Maintenance/Monitoring/Follow Up ➢ Enforcement of state laws, specifically regarding the permitting process and restriction on new development from the Shoreland Protection Act, were identified by stakeholders as not being strongly enforced, and without enforcement, the laws and regulations are not effective. VDEC only has three regional lake and shoreland permitting analysts and seven regional enforcement officers for the state. Additional funding for this is needed. ➢ Lack of Political Will on the local, state, and federal level. More outreach to the public, local officials, and state government officials is necessary to promote project successes.

Agricultural Lands Discussion TMDL estimates indicate that phosphorus loading from agricultural lands needs to be reduced by 46% to meet our clean water goals. ❖ Many programs are already in place such as those through the USDA/NRCS and VAAFM, which have set guidelines for agricultural BMPs, provide funding for implementation and technical service providers, as well as government employee staff who provide direct assistance. ❖ Challenges to BMP implementation include: 1). The large number of individual operations and number of practices needed per operation. 2) Limited financial resources of agricultural producers to provide matching funds for BMPs and the financial strain involved in taking land out of production for conservation or BMPs; 3) Limited time agricultural producers have to 147

interface with complicated program requirements, applications, and reporting; 4) Limited capacity for technical service providers to provide direct assistance or financial assistance for planning, applications, and BMP implementation. ❖ Implementation efforts are also limited by: 1) Uncertainty in long-term funding for implementation and planning projects; 2) Gaps in programmatic support for follow-up, operations, and maintenance; 3) Gaps in collaboration among service providers; 4) Gaps in the dissemination of information to agricultural producers and private sector agricultural product representatives; 5) Gaps in the understanding of the impact, limiting factors, and effectiveness of BMPs on Lake Memphremagog Watershed producers.

Developed Lands Discussion According to TMDL estimates, phosphorus loading from developed lands needs to be reduced by 18% to reach Vermont’s clean water goals. Dirt roads and developed parcels contribute the most nutrient loading in the Developed Land Category. ❖ Under Act 64, VTDEC set standards to reduce erosion from all hydrologically connected road segments, requiring the development of the Municipal Roads General Permit (MRGP). ➢ Can be challenging for smaller municipalities due to limited personnel and budgets. ➢ Funding is uncertain and implementation can be expensive ❖ Vermont’s Shoreland Protection Act and Act 250 also regulates land development. ➢ Dissemination of information and enforcement were the greatest hurdles to the implementation of the Protection Act (per stakeholder survey) ➢ VTDEC’s Lake Wise is an existing voluntary program, which assesses and retrofits shorelands. Expansion of this program was mentioned as a method to increase stakeholder involvement.

Natural Lands Discussion

TMDL estimates indicated that a reduction in loading from natural lands includes 2.3% from “other” category, which includes wetlands, water, and forest, and 23% reduction from stream channels. ❖ Municipalities can pass zoning laws or river-corridor by-laws; however, there are municipalities in the watershed who currently have no zoning laws, making getting citizen and municipal buy-in for adopting zoning laws for environmental protection difficult. ❖ There are currently no regulatory requirements in Vermont to restore riparian buffers or streambanks. ❖ Maintaining access to funding and support from state and federal agencies for stream bank and habitat restoration is necessary to continue and expand programs.

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Quebec and Vermont Science and Policy Analysis Background • Quebec Vermont Steering Committee has provided a successful and valuable space for international collaboration.

Quebec and Vermont Science Analysis • When there are several similarities between monitoring done by Vermont and Quebec, some differences make it difficult to compare water quality between both parts of the lake. A sampling strategy allowing the comparison of the results would facilitate an overall reading of the water quality. • Impacts of climate change are already noticeable, but few information exists on the potential impact on future nutrient loading in Lake Memphremagog. Studies must be done to take climate change into account when developing management plans and recommendations to reduce nutrient loading in the Memphremagog watershed. • When the Bathtub model developed for the TMDL did not suggest substantial internal phosphorus loading from any lake segments, there is a need to better characterize the potential for internal phosphorus loading particularly with considerations for changes in the length of stratification which may occur with climate change. • Staying current with emerging technologies, methods, and best management practices to reduce nutrient loading would lead to increased project efficiency and cost savings. • It is difficult to access to the scientific data and research and a common portal would lead to increased sharing of scientific data and project efficiency.

Quebec and Vermont Policy Analysis • Given that there is an opportunity to strengthen scientific and political connections between Quebec and Vermont, as well as an existing committee to support that process, a need for additional support to coordinate Steering Committee meetings, presentations, initiatives, and provide a public face for the Steering Committee in the local community and at the provincial/state and federal levels was identified as a priority recommendation.

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Chapter 4 Science and Policy Analysis

Chapter 4 is an analysis based on a literature review presented in Chapter 2 and 3, networking with local stakeholders, and meetings of the Memphremagog Study Advisory Group (MSAG), in order to better understand the needs and opportunities for scientific research and policy in the Memphremagog Watershed. After the science and policy analysis by country, a binational analysis is also presented.

4.1. Canadian Science and Policy Analysis Located in the south of the Province of Quebec, Lake Memphremagog is the largest body of water in the region of Estrie. It is an important drinking reservoir for more than 175,000 people living mostly in the City of Sherbrooke and the City of Magog and it is a major tourist draw and fishing destination in Eastern Townships. The Regional County Municipality (MRC, Municipalité régionale de comté) Memphremagog experienced constant growth, with an increase of 20 % of the population between 2001 and 2016 alone. Despite this development pressure, the Quebec portion of Lake Memphremagog watershed is still mainly natural: the natural lands represent about 82% of the land use, followed by 10% of agricultural lands and 8% of developed land both representing respectively 33% and 42% of the Quebec phosphorus loading estimate (Sections 2.1 and 2.3).

In general, water quality indicators suggest nutrient levels in the lake have been stable for the last 20 years. According to the trophic status classification chart used by the Ministry of Environment and Fight against Climate Change (MELCC, Ministère de l’Environnement et de la Lutte contre les Changements climatiques), the lake is globally at an oligo-mesotrophic level according to the total phosphorus concentration. However, according to the indicator of algal biomass (the chlorophyll-a concentration), it is situated at the mesotrophic level in the southern half of the lake and at the oligo-mesotrophic level in the northern half of the lake. On the Canadian side, Fitch Bay, which is an isolated and distinct section of the lake, shows a more advanced state of eutrophication (Section 2.2.2.1).

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These water quality data can indicate that interventions have, Because it is predicted that to some extent, prevented degradation of the water quality of the development pressure will tributaries despite pressures (eg climate change, population continue, and that climate change will increase future increase in the watershed). Studies have shown phosphorus nutrient loading, because load reductions in several large watersheds in Quebec, which some areas of the lake show a can be attributed in part to a reduction in agricultural loading more advanced state of eutrophication and the lake is and the treatment of municipal and industrial wastewater. an important drinking (Patoine, 2017; Simoneau, 2018). Because it is predicted that reservoir and tourist draw, it is important to prevent is the population of the MRC Memphremagog will continue to degradation. grow, which will likely continue to convert natural lands into developed lands, and that climate change will increase future nutrient loading and algal blooms in the lakes of the region, because some areas of the lake show a more advanced state of eutrophication, and of the importance of Lake Memphremagog as a regional drinking reservoir, it is important to prevent is degradation. In that respect, different science and policy challenges must be addressed regarding nutrient loading of the Lake Memphremagog watershed.

4.1.1. Canadian Science Analysis

The literature review showed that additional science is needed regarding water quality to identify the nutrient sources, to evaluate the effectiveness of Best Management Practices (BMPs) and to measure its evolution in the watershed.

The lake water quality monitoring program has existed for The lake and the tributary many years. The stability in the availability of phosphorus and water quality monitoring chlorophyll data does permit to use these variables to highlight programs exist for many years. An analysis of the changes in the lake productivity, when transparency data are water quality datasets would lacking to be able to use this variable to characterize the water be necessary to propose a sampling strategy to increase quality of the lake. The distribution of the water quality stations the precision regarding water has a relatively good spatial coverage of the various areas of quality hotspots, effectiveness the lake (Section 2.2.2.1). Regarding the tributary water quality of BMPs and tendencies in the water quality. monitoring program, when phosphorus concentration data are available for several years, the lack of tributary flow and of spring storm event data increase the uncertainty regarding nutrient loading from the tributaries which make difficult the evaluation of 151

the water quality hotspots, the effectiveness of BMPs and the tendencies in the water quality of the tributaries of the Quebec portion of the watershed (Section 2.2.1.1). When it is possible to estimate phosphorus loads with modelized flows, data from measured water flow would increase the precision of loading estimates. An analysis of the water quality datasets would be necessary to identify the limits of these and to propose a sampling strategy at a great temporal scope (see Sections 5.1.6 and 6.1).

A great number of cyanobacteria blooms have been reported by When a great number of several different stakeholders and volunteers on the Quebec side cyanobacteria blooms are reported every year, an of Lake Memphremagog. However, because the monitoring improvement of the efforts can largely differ between years, it is not possible to cyanobacteria monitoring make a portrait of the evolution of cyanobacteria blooms. An program is needed to follow the evolution of the issue. improvement in the cyanobacteria monitoring program would be necessary to be able to follow the evolution of the issue (Section 2.4.1; see Sections 5.1.6 and 6.1). When the eutrophication of Lake Memphremagog can have important socio-economic impacts affecting, for example, drinkable sources, property values, recreation and tourism industries of the region, few information exists about this issue. A better understanding of these impacts would help mobilize stakeholders.

In the networking survey, Canadian stakeholders mentioned different research needed, as the threats of climate change on the increase of nutrient loading in Lake Memphremagog, the impact of the Coventry landfill and the leachate on the water quality, the impacts of boats on lake Memphremagog and a better knowing on the localization of the phosphorus sources.

4.1.2. Canadian Policy Analysis

As listed in chapter 3, there are federal, provincial and municipal laws and regulations that affect nutrient loading in Canada. A systematic analysis of how these laws and regulations affect nutrient loading in Lake Memphremagog and its tributaries has not been carried out in this study, and the principal gaps and opportunities observed are presented.

The province of Quebec is responsible for the water resources within its boundaries (Section 3.2.1.1). Municipalities in Quebec have an important role to play, particularly in the protection of

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lakeshores, riverbanks, littoral zones and floodplains, in the sanitation of municipal wastewater discharges, in the control of septic systems for isolated dwellings, and in the production and distribution of drinking water. They can act in several jurisdictions regarding water management and regulate land development and activities through permits and regulations, integrating Provincial Acts and the MRC’s Land Use Planning and Development Plan (SAD, Schéma d’aménagement et de développement). They can also adopt non-regulatory measures and on-the- ground projects depending on their political will. Most of the programs, BMPs, and initiatives currently underway in the Quebec portion of the Lake Memphremagog watershed as listed in chapter 3 are supported or mandated by provincial and municipal policies, or are initiatives taken by non-profit organizations and municipalities (Section 3.2.1.4).

4.1.2.1. Water quality target

The Quebec Environment Quality Act targets individual effluents The implementation of that can be tied to specific citizens and industries (Section 3.2.1.1). water quality targets for the lake and a process by Quebec does not have a water quality target for the lake included which to measure progress in a regulatory approach, a process by which to measure progress towards clean water goals towards these clean water goals and a current project would support the implementation of an implementation plan to prioritize projects to reduce nutrient action plan to prioritize loading in Lake Memphremagog (Section 3.2.1.1). Several local projects and funding to reduce nutrient loading in action plans are made in different parts of the watershed, but Lake Memphremagog. different local organizations have mentioned needing resources to coordinate the implementation of the existed action plans and to implement BMPs in different sectors, as stormwater management and conservation of natural lands (Section 3.2.1.3; Networking report). When COGESAF is mandated by the government to implement a water management plan (PDE, Plan directeur de l’eau) for the St-Francis River Watershed, the scale of the PDE limits the actions that can be included (Section 3.2.1.3). In United States, nutrient concentration targets for Lake Memphremagog have been included in the regulatory approaches which imply strategies and a set of agreed upon priorities for all parties involved (Section 3.2.2.2). The implementation of water quality targets for the lake and a strategy of water quality monitoring to follow the impact of the BMPs on the water quality in Quebec would support the implementation of an action plan for the Quebec portion of the watershed (see Sections 5.1.6 and 6.1). A general implementation plan would prioritize actions, guide grant programs and priorities for funding and a long-term 153

investment would be needed to achieve the implementation of this plan (see Sections 5.1.6 and 6.1).

4.1.2.2. Agricultural Lands

Regarding agriculture land use, the Quebec portion of the When, the agricultural crops watershed is less suitable for intensive agriculture than the are mostly perennial, the Vermont portion because of the types of soils and the steep slopes: relief of the Quebec portion of the watershed may submit only 10% of the territory in Quebec is estimated to be used for annual crops and some agriculture (Sections 2.1.8 and 2.3.1). There is only a small perennial crops to high rates of erosion. Because little proportion of annual crops, which have high estimated phosphorus information exists about the coefficient exports. These crops represent about 1% of the land erosion within these crops, use or 5 km2, with an estimated contribution of phosphorus this issue must be assessed and concerned agricultural loading of 11% in the Quebec portion of the watershed, when the producers must be supported perennial crops represent about 9% of the land use, or 44 km2, with to reduce erosion within crops. Provide incentives to an estimated contribution of phosphorus loading of 20% (Sections avoid the conversion of 2.1.8 and 2.3.1). When the dominance of perennial crops limits perennial crops in annual phosphorus export linked to water erosion, the high erosivity of crops would prevent nutrient loading. the relief may submit some areas to high rates of erosion in annual crops (Michaud & Deslandes, 2003). However, little information exists about erosion problems among annual crops or perennial crops in critical zones, as steep slopes, because, among others, there is a limited use of specialized advisory services by the agricultural producers and a low participation in financial assistance programs (Section 3.2.1.4). A project has been done between 2016 and 2019 to assess soil erosion among fields in the Fitch Bay Watershed and help agricultural producers in implementing soil conservation practices (Section 3.2.1.4). However, erosion in fields located in other parts of the Quebec portion of the watershed has not been assessed (see Sections 5.1.1 and 6.2.1). Also, because perennial crops have lower nutrient export coefficients than annual crops, incentives given to agricultural producers to keep perennial crops, particularly in risk areas as steep slopes, would prevent an increase of nutrient loading in Lake Memphremagog (Section 2.1.8, see Sections 5.1.1 and 6.2.1).

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Regarding the shorelines management within agricultural lands, Erosion has been when a project has been done to characterize erosion along the characterized along the agricultural water courses water courses of 66 agricultural producers of the Quebec portion and the implementation of of the watershed (Section 3.2.1.4), little information exists on if BMPs in the Quebec portion the producers implement BMPs to limit erosion along water of the watershed must now be ensured. A reinforcement courses (see Sections 5.1.1 and 6.2.1). A reinforcement of the of the PPRLPI may be Protection Policy for Lakeshores, Riverbanks, Littoral Zones and needed in order for shorelines to carry out their Floodplains (PPRLPI, Politique de protection des rives, du littoral ecological services. et des plaines inondables) to protect widen riparian buffers, for example providing incentives to agricultural producers who restore larger riparian buffers, may be necessary to increase the ecological services provided by these natural lands (see Sections 5.1.1 and 6.2.1).

Also, significant loads of phosphorus can be exported if the mode The manure storage and and time of manure applications lead to surface runoff. Because spreading practices can cause significant phosphorus 53% or the agricultural producers of the Quebec portion of the exports. Because of the watershed operate livestock farming, for an animal density of 0.97 relatively high proportion of AU/ha of surface in annual and perennial crops, manure storage and livestock farming in the agricultural sector, it is spreading practices, as the date of the spreading, the doses, the important to assess manure mode of supply, and the withdrawal distances from the water management to ensure that the REA is implemented and bodies, are issues that must be assessed (Section 2.1.8; see Sections that assistance for small 5.1.1 and 6.2.1). Because of the relatively high proportion of farms not targeted by the livestock farming in the agricultural sector, it is important to assess REA is sufficient. manure management in the Quebec portion of Lake Memphremagog Watershed. The improvement of manure management could be necessary and be done ensuring that the REA is implemented regarding manure applications, as fall spraying and separation distances from streams. Additional human resources to support agricultural producers may be necessary to achieve the implementation of the REA (Networking report). Also, incentives to improve storage of organic fertilizer among small farms not targeted by the REA could prevent issues regarding storage on the ground (Section 2.1.8, see Sections 5.1.1 and 6.2.1). However, because some incentives already exist among the Prime-Vert program and because they are not commonly used by the agricultural producers in the

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watershed, an increase of the assistance given to agricultural producers of the watershed could be needed (Section 3.2.1.1, see Sections 5.1.1 and 6.2.1).

4.1.2.3. Developed Lands

The developed lands, including paved roads, dirt roads and septic systems, have been estimated to be the largest source of phosphorus in the Quebec portion of the watershed (Section 2.1.8).

Some inventories of stormwater runoff have been done in some In Quebec, no stormwater areas of the Quebec portion of the watershed (Section 3.2.1.4). runoff portrait has been done at a watershed scale which However, unlike the Vermont portion of the watershed, no would be necessary to stormwater runoff portrait has been done at a watershed scale and develop an action plan to a global portrait would be necessary to develop and implement an identify priorities and priorities for funding. action plan to identify priorities, guide grant programs and priorities for funding (Section 3.2.2.4; see Sections 5.1.2 and 6.2.2).

Regarding roads, which represent 15% of the phosphorus loading It is estimated that roads estimate for the Quebec portion of the watershed, 79 % are cause significant phosphorus loading. A regulatory managed by municipalities and 6 % are private roads, subjected to approach, accompanied by municipal regulations and that many of which are adjacent to water financial support for bodies. Municipal road network characterizations have been done municipalities, may allow to upgrade stormwater in some areas of the Quebec portion of the watershed and several infrastructure in the erosion problematics have been observed (Section 3.2.1.4). In watershed. Vermont, a state regulation requires that all municipalities conduct a road erosion inventory to assess the hydrologically connected road segments (Section 3.2.2.1). A provincial or a municipal regulation about the characterization of stormwater infrastructures in the watershed could help to address this issue. In the Networking report, the municipal stakeholders mentioned the need to have more resources to improve their road network. The new Quebec Water Strategy developed a program to support the municipalities in the implementation of sustainable rainwater management infrastructures (Section 3.2.1.1, see Sections 5.1.2 and 6.2.2).

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There are differences between municipal policy to reduce nutrient Municipalities act at various loading in Lake Memphremagog and its tributaries from new degrees to reduce nutrient loading from new developments, existing developments, existing developed parcels and roadways. These are developed parcels and roadways. reflected in different municipal strength of regulation and in non- An opportunity would be to regulatory efforts to reduce nutrient loading (Section 3.2.1.4). expand by-laws throughout other municipalities ensuring that Some municipalities of the watershed adopted strong measures to assistance for bylaws updates and control development in steep slopes, erosion during soil resources for their implementation are provided. The manipulation works, tree cutting, application of fertilizers on SAD of the MRC, which the residential properties or regarding gutters management, among review began in 2019, gives the others (Section 3.2.1.4). In the Networking report, after funding opportunity to adopt a stronger regulatory framework. and human resources, the regulatory support was mentioned being the greatest need for Canadian municipalities to reduce nutrient loading and municipal political will was mentioned being the greatest barrier (Networking report). It has also been mentioned that it was missing human resources to apply regulations through the watershed at municipal levels regarding developed lands (Networking report). An opportunity in the watershed would be to expand the stronger municipal regulations throughout the other municipalities, ensuring that assistance for bylaws updates and resources for by-laws implementation are provided (see Sections 5.1.2; 5.1.4; 6.2.2). Some MRCs adopted strong regulatory frameworks to manage stormwaters and control erosion on their territory (MRC de Brome-Missisquoi, 2014). The SAD of the MRC Memphremagog, which the review began in 2019, would give the opportunity to adopt a stronger regulatory framework in Lake Memphremagog Watershed.

Also, while some municipalities have a regulation to ensure Some municipal regulations ensure compliance of older private septic systems, the compliance systematically the compliance of of private septic systems in other municipalities of the old private septic systems and fund the improvement of substandard Quebec portion of the watershed is not systematically septic systems. An opportunity assessed and some municipalities mentioned the need to would be to expand these by-laws improve the inspection of private septic systems to verify throughout other municipalities ensuring that assistance for bylaws their compliance (Section 3.2.1.4, Networking report, see updates and resources for by-laws Section 5.1.2). Other municipalities also developed a implementation are provided. funding program to help the owners to improve their substandard septic systems. Other types of regulations also exist in North America where septic 157

systems control require, for example, retrofitting when renovations are carried out or properties are sold (Foulon & Rousseau, 2019; see Section 5.1.2). An opportunity in the watershed would be to expand some municipal regulations throughout the other municipalities, ensuring that assistance for bylaws updates and resources for by-laws implementation are provided (see Sections 5.1.2; 5.1.4). In 2010, the MRC Memphremagog, founded by the Government of Quebec, inspected 184 septic systems located at less than 300 m of Lake Memphremagog in two municipalities (Section 3.2.1.4). This type of program expanded to other municipalities would favorize the assessment and the compliance of the private septic systems in the watershed.

4.1.2.4. Natural Lands

82% of the Quebec portion of Lake Memphremagog The watershed is still mainly watershed is still consisted of natural lands. These natural natural: the natural lands provide lands, as forest and wetlands, provide critical ecological critical ecological services as services, as water purification and erosion control. In Ontario, water purification and erosion control. Only 9.2% of the Quebec it has been estimated that the annual value of wetlands is portion of the watershed is between CAN$ 2,660 and 3,168 per hectare per year only for protected, when the provincial the water purification service (Troy & Bagstad, 2009). To and federal objectives are to conserve at least 17% of the prevent an increase of nutrient loading in Lake terrestrial lands and interior water Memphremagog in a climate change context, it is essential to bodies before 2020. Because of the services given by the Lake conserve these ecological services and protect a maximum of Memphremagog Watershed the natural lands in the watershed. Only 9.0% of the Quebec regarding the filtration of potable water, it must be a priority zone portion of the watershed is protected, when the Governments for the Governments. of Quebec and of Canada objectives are to conserve at least 17% of the terrestrial lands and interior water bodies, including zones particularly important for the biodiversity and services given by ecosystems, before 2020 (Section 2.1.9; MELCC, 2019d; En route, 2019). Because of the services given by the Lake Memphremagog Watershed regarding the filtration of potable water for more than 175,000 people, the watershed must be a priority zone for the Governments (see Section 5.1.4).

When several municipalities have done a conservation plan to protect natural lands of ecological interest, no portrait of the natural lands at the watershed scale to plan their conservation and avoid

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the conversion to other types of land use with higher nutrient Several conservation plans have exports has been done (Section 3.2.1.4). The new modification been done at municipal scales. Due to the importance of to the Water Act gives to the MRCs the responsibility for maintaining natural lands to developing and implementing a Regional Wetlands and Bodies prevent nutrient loading a of Water Plan (PRMHH, Plan régional des milieux humides et conservation plan at a watershed scale would be necessary to hydriques) in their respective territories which has to be revised establish collaborative every 10 years. This new plan will make a portrait of a part of conservation and restoration goals for the watershed. The PRMHH the natural lands (wetlands and water bodies) at the Quebec planned for 2022 is an portion of the watershed scale, will plan their conservation and opportunity to plan the protection then limit their conversion to other types of land use with higher of wetlands and Lake Memphremagog in the Quebec nutrient exports (Section 3.2.1.1; see Section 6.2.3). Also, to portion of the watershed. improve the accuracy of the wetland mapping, a new mapping of the wetlands, done with LiDAR (Light Detection and Ranging) data, is planned for 2020 by MRC Memphremagog (Section 3.2.1.4). A targeted percentage of natural lands of ecological interest to be protected to perpetuity in the watershed may support the implementation of an action plan to avoid the conversion of natural land of ecological interest into other types of land use with higher nutrient exports (see Section 5.1.4).

There are differences between municipal policy to protect natural There are different strengths lands reflected in different strengths of municipal regulations of municipal regulations to (Section 3.2.1.4). Some municipalities of the watershed adopted direct residential expansion and control development in strong measures to direct residential expansion in natural lands and natural areas. The SAD of the to control development in some sensitive areas, as strong MRC, which the review began in 2019, is an opportunity to regulations on tree cutting and shoreline protection (Section control development in 3.2.1.4). In the Networking report, after funding and human sensitive areas and ensure the resources to reduce nutrient loading, the regulatory support was protection of natural areas, as wetlands, forests and riparian mentioned being the greatest need for Canadian municipalities and buffers. political will was mentioned being the greatest barrier for some municipalities (Networking report). To protect the natural areas of the watershed, an opportunity would be to expand some municipal regulations throughout the other municipalities of the watershed (see Sections 5.1.2; 5.1.4). A way to expand some municipal regulations to other municipalities would be through the SAD of the MRC. Because in 2019, the MRC is beginning 159

the review of the SAD, an opportunity would be to use the SAD to direct residential expansion in natural lands and to control development in some sensitive areas of the watershed (see Sections 5.1.2; 6.2.3).

Another way to conserve natural lands in the watershed almost Voluntary conservation exclusively constituted of private lands is to give incentives to programs and organizations of conservation can reach private owners to conserve natural lands. Federal and provincial conservation goals by programs give funds to conservation organizations to purchase conserving natural lands with conservation servitude or lands and to protect natural lands to lower costs, and the incentives to create a nature reserve can perpetuity (Section 3.2.1.4). These funding programs are be very low. To conserve lands designed to reward philanthropy at a percentage of market in perpetuity in Lake Memphremagog watershed, value. However, the properties around Lake Memphremagog, conservation programs would particularly located in the municipalities with low population, have to target Lake have high monetary values and the organizations of Memphremagog watershed and the incentives to create nature conservation need to find more funding to buy a land or a reserves must be increased. servitude in the area (Section 2.1.6). With a limited funding the existing programs and the organizations of conservation can reach conservation goals by conserving natural lands with lower costs. Also, the municipal and scholar tax exemption to the landowners who create a nature reserve can be very low: the property value of properties recognized as a nature reserve may decrease significantly because of the loss of possible uses of the property, affecting the impact of the benefits of the tax reduction; the property value of the parts of the property that are not recognized as a nature reserve may also increase due to the contiguous presence of a nature reserve and thus greatly reduce the benefits associated with the tax reduction; and the municipalities are entitled to a "municipal discretion" and can decide not to apply the entire tax exemption (Networking report, see Section 5.1.4). To conserve lands in perpetuity in the watershed, conservation programs would have to target Lake Memphremagog watershed and the incentives to create nature reserves must be increased (see Section 6.2.3).

In the Networking report, regarding the forest sector, it has been mentioned the need to increase financial incentives to support foresters to implement some specific BMPs: to implement and improve bridges and culverts, to apply the FSC certification and to implement Forest Management

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Plans (PAF, Plan d’aménagement forestier) integrating best management practices (see Section 5.1.4).

4.1.2.5. Recreational sector

Regarding the recreational sector, little is known about the Golf courses and ski resorts impacts of the six golf courses and the two ski resorts on can have impacts on Lake Memphremagog through storm nutrient loading in the Quebec portion of Lake Memphremagog water runoff and erosion and (see Section 3.2.1.4). Those sites present great unforested areas these impacts must be and can have impacts through storm water runoff and erosion. assessed. Artificial snow made by the ski resorts can also have different pressure than natural snow on waterbodies. Storm water runoff and erosion from golf and ski resorts must be assessed (see Section 5.1.5).

There are more than 2000 permanent motorboats on the Quebec Boating in some sensitive areas portion of the Lake (MCI, 2012). The impacts of wake boats on of Lake Memphremagog is an shoreline erosion and the impacts of all types of boats on the issue to prevent shoreline erosion and resuspension of the resuspension of bottom sediments in shallow areas have been bottom sediment. Awareness studied in Lake Memphremagog or other lakes in Quebec campaigns were done, but they (Section 3.2.1.2). Lack of regulation for boating in some need consistent financial and human resources. A stronger sensitive areas of Lake Memphremagog is an issue to prevent regulatory approach would be shoreline erosion and resuspension of the bottom sediment. The needed. process required by the federal government to allow a municipality to regulate boating is known to be administratively hard and few municipalities have succeeded to regulate boating for an environmental issue. In the past years, awareness campaigns were done to prevent the problem, but they need consistent financial and human resources (Bleu Massawippi et al., 2016). In May 2019, a new version of the Local Authorities’ Guide was released by the Federal government to make the regulatory process simpler, faster and less administratively cumbersome for MRCs and municipalities wishing to adopt new boating regulations (Transport Canada, 2019). In 2019, one municipality of the watershed began the new process (Simard, P., pers. Comm., 2019).

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More than 1,000 permanent boats located on the Quebec portion More than 1,000 boats have a of the Lake have a toilet, but little is known about the possible toilet and the public pump-out stations are only located in discharge of black waters from boats in the lake (MCI, 2012). It Magog and Newport. The need has been mentioned that the Regulation Respecting Water to add a pump out service in Protection Against Discharges of Pleasure Craft (Règlement sur the Quebec south part of the lake must be addressed. la protection des eaux contre les rejets des embarcations de plaisance; Q-2, r. 36) which prohibits to discharge any wastewater from a pleasure craft is not easy to apply (Networking report). Because the public pump out stations are only located in Magog and Newport, the need to add a pump out service in the Quebec south part of the lake have to be addressed to resolve this issue (see Section 5.1.5).

4.1.2.6. Collaborations

The inventory of management efforts in the Quebec portion of the Numerous management watershed showed numerous management practices done by practices are done by several stakeholders, and a central several stakeholders (Section 3.2.1). When these efforts allow to challenge is to ensure that realize numerous outreach and on-the-ground projects, a central these efforts are developed in a challenge is to ensure that these efforts are developed and used complementary way. The implementation of an joint collaboratively. The Canadian stakeholders questioned in the action plan at a watershed scale Networking survey believe that, just after on-the-ground projects would allow to coordinate the efforts. and apply regulation, plan coordinated actions would have the greatest impact on reducing nutrient loading in Lake Memphremagog watershed (Networking report). Some municipalities and MCI are implementing action plans for sub-watersheds in the Quebec portion of the watershed, and COGESAF is implementing a water management plan (PDE) for the St-Francis River Watershed (Section 3.2.1.3). It has been suggested that the Memphremagog Watershed should have a coordinator or a team working to implement an action plan at a Memphremagog watershed scale (Networking report). When we compare to other collaboration approaches in other parts of North America, an agreed upon priorities for all parties involved is often used to implement a nutrient reduction plan and reach water quality targets (Foulon & Rousseau, 2019).

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4.1.2.7. Funding

Generally, the watershed assessments and on-the-ground Watershed assessments and on- projects done in the Quebec portion of the watershed, as the-ground projects are generally financed by tributary monitoring, territory environmental assessment, municipalities and local awareness campaign or revitalization of shorelines, are associations. The new Quebec Water Strategy announced in financed by municipalities and local associations. Local 2018 includes funding at a associations are generally fund directly by local citizens and provincial scale of $552 can find funds for specific projects from some municipal green million CAN for 5 years and several measures to supports funds. In the Networking report, several municipalities have local stakeholders in watershed mentioned to miss human resources to coordinate the assessments and on-the-ground projects. implementation of existed action plans and on-the-ground projects, and to apply regulations through the watershed (Networking report). Local associations, depending largely on membership, have mentioned to lack of consistent resources to plan and implement projects (Networking report). This new Quebec Water Strategy announced in 2018 includes funding at a provincial scale of $552 million CAN ($409 million US) for 5 years and several measures: requiring the municipalities to realize an analysis of the vulnerability of their drinking water source, supporting the municipalities in conserving and restoring aquatic environments, meeting government objectives for protected areas, encouraging municipalities to adopt sustainable storm water management practices, increasing the knowledge on lakes, and strengthening integrated water resource management, including intergovernmental and international cooperation (Section 3.2.1.1, see Sections 5.1.1 to 5.1.5; and 6.1 to 6.3). The federal government may also provide programs to implement support initiatives to reduce nutrient loading in Lake Memphremagog and its tributaries (Section 3.2.1.1).

4.2 United States Policy and Science Analysis The Lake Memphremagog Watershed is located in the Northeast Kingdom of Vermont. 71% of the drainage area of the watershed is in Vermont, including three major tributaries, the Clyde, Barton, and Black Rivers, and one smaller tributary, the Johns River. The predominate land cover in Vermont is natural lands at 77.5% of the land cover, followed by agricultural lands at 17.5%, and developed lands with 5.4% of the land cover.

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In 2017, the Vermont Department of Environmental Conservation (VDEC) established a Total Maximum Daily Load (TMDL) for phosphorus for the Lake Memphremagog Watershed due to elevated concentrations of phosphorus recorded in the Vermont portion of Lake Memphremagog (Section 3.2.2.2). The TMDL includes a phosphorus reduction target of 29% for the Vermont portion of the watershed. Reduction targets are further broken down by land use type. The TMDL is a legally binding document that requires Vermont to invest in clean water projects in the Memphremagog Watershed and the policy and science analysis in this report is geared towards identifying successes and gaps to further assist with reaching clean water goals.

4.2.1. United States Science Analysis

In stakeholder surveys, additional water quality monitoring for phosphorus, other nutrients, and pollutants was identified as the primary need to support the science analysis. US respondents indicated that these additional data can be used for multiple purposes, including: 1) to celebrate and market of successes by measuring the impact and benefits of projects; 2) to evaluate the effectiveness of BMPs; 3) to identify water quality hotspots, allowing for project prioritization; and 4) to measure progress towards reaching the clean water goals in the Memphremagog TMDL (See Sections 5.2.1.4, 5.2.3.3 & 5.2.2.4).

One challenge to current tributary water quality monitoring is the annual funding cycle. For water quality data to be meaningful, long-term and continuous monitoring is required to identify trends. Year to year funding puts the consistency of collecting these data at risk and requires additional work for partners to annually apply for funding to do water quality monitoring. Further, additional state resources for technical assistance in interpreting water quality results and developing linkages between BMPs and water quality results would increase the efficacy of the program and impact of the success stories.

Stream Geomorphic Assessments are a decision support tool from the Vermont Agency of Natural Resources (VANR) (See Section 3.2.2.4) to help manage and restore rivers and balance the natural state of the river with development. These assessments have not yet been completed for all the major rivers in the watershed and would be helpful for municipalities and landowners in making decisions about protecting stream channels (See Section 5.2.3.1).

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Interestingly, overall, survey respondents ranked additional research as the lowest need to remain sustainable and engaged in their work to reduce nutrient loading. However, at the same time, research was rated a 6.7 out of 10 on an impact scale for assisting with project implementation. This suggests that stakeholders feel that research is important to project implementation but are not advocating for additional research in the US, but rather a focus on implementation of current plans and regulatory support to implement the on-the-ground projects required by regulatory framework.

4.2.2. United States Policy Analysis

As listed in chapter 3, there are both federal and state laws that affect nutrient loading in the United States. The Lake Memphremagog TMDL for phosphorus was required by the federal Clean Water Act once phosphorus concentrations reach the level at which Lake Memphremagog became listed as an impaired water. Further, due to both federal TMDL reporting requirements and the state Basin Plan (TBP) (3.2.2.2 & 3.2.2.4), the Lake Memphremagog watershed has an action plan for achieving the TMDL reduction targets, which was finalized in 2017. Due to state requirements, the TBP for the basin will be updated every five years, allowing Vermont to track progress toward phosphorus reduction targets, adapt plans as needed, and monitor for additional water quality parameters. Through both federal and state policy requirements, Vermont has a strong plan of action to reach our clean water goals.

Federal and state policies also support on-the-ground project implementation and regulate activities to reduce nutrient loading. This includes federal and state regulations that require the establishment of industry BMPs, establish technical assistance program, funding streams for grants or cost shares for implementation. Other state regulations like VT Act 250 and the Shoreland Protection Act regulate the impact of human activities through rules and permitting processes to reduce nutrient loading. Further, municipal laws in Vermont can regulate development activities in environmentally sensitive areas. Most of the programs, BMPs, and initiatives currently underway in the Vermont portion of the Lake Memphremagog watershed as listed in chapter 3 are directly supported or mandated by federal, state, or municipal policy.

Comments from the United States stakeholders to the stakeholder survey indicated that overall experts in our region found the US, state, and municipal regulation and policy to be comprehensive.

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However, additional emphasis on widespread implementation, enforcement, and local support of existing policies was necessary to fully realize the reduction in nutrient loading and water quality benefits.

Responses from United States stakeholders indicated that the top three barriers to project implementation in the Memphremagog Watershed were financial resources, human resources, and political will (mostly local). Stakeholders indicated that especially at the state level, Vermont has strong laws and regulations for stormwater; however, what is lacking is follow through on those regulations to ensure dissemination of knowledge about regulations, enforcement, long-term and predictable funding sources, staff to assistance with compliance, and local compliance. 50% of respondents indicated that the most effective tool to reduce nutrient loading were on-the-ground projects. This suggests that Vermont needs to close gaps in regulatory implementation with funding, staff, and resources to implement the on-the-ground projects, BMPs, and regulatory requirements already enumerated in Vermont state laws like Act 64 and Shoreland Protection Act.

Looking holistically at the policy affecting nutrient loading, survey respondents identified three overarching gaps that hinder project implementation and execution of existing policy requirements by: 1) gaps in project funding; 2) lack of enforcement of existing state regulations; 3) lack of federal, state, and municipal by-in.

Given that many of Vermont’s laws that regulate clean water and nutrient loading are not sector specific but regulate categories of activities or multiple sectors at once, this policy analysis first explores the three general gaps as they relate to all sectors and then analyzes policy as it pertains to agriculture, natural lands, and developed lands. Recreational land use is included in natural lands and point sources are not analyzed here as there were no gaps identified specifically for that land use type.

4.2.2.1. Funding gaps

Since Act 64 was passed in 2015, the Vermont legislature has been funding clean water projects with short term funding options. In June of 2019, Act 76 signed by the Governor of Vermont. This bill assigns a long term and dedicated sources of funding for clean water projects by shifting 6 % of the revenue from the Vermont Rooms and Meal Tax from education funding to clean water funding. This shift begins in October of 2019 (VLEG, 2019b). 166

In addition to establishing a much needed and dedicated source of funding for clean water, Act 76 also develops a new distribution model for disseminating clean water funding, by mandating the creation of “clean water service providers” or CWSP for the major watersheds and subwatersheds of Vermont. At the writing of this report, how CWSPs will function has not yet been determined by VANR, except that the CSWP will receive funding from the state each year to reach pollution reduction targets determined for each area. Lastly, the bill outlines new grant programs and timelines for phosphorus reduction plans.

The VANR has been tasked with implementing Act 76, determining details of funding distribution and dissemination, grant making, and pollution reduction targets. With a dedicated a long-term funding source available, Vermont has an incredible opportunity to develop a clean water funding system that adequately funds all stages of clean water projects, increases collaborative approaches, provides a wholistic and multi-sector approach to clean water, and equably distributes funding across the state. Stakeholders indicated in the survey that funding for all stages of clean water projects from identification to operations and maintenance has been lacking.

To close gaps in project funding, United States stakeholders of the Memphremagog Watershed indicated that clean water funding in Vermont should include provisions for the following types of projects phases, which can be addressed in implementation out and rulemaking associated with Act 76.

• Human Resources/Capacity Building and Collaborative groups: Stakeholders suggested that wholistic solutions to the nutrient management problem are needed which requires additional collaboration. Currently collaborative groups such as the Memphremagog Agriculture Working Group, the Memphremagog Stormwater Collaborative, the NEK River and Roads Group, and the Quebec Vermont Steering Committee bring organizations and agencies together through semi-regular meetings, but funding for staff participation and organization is difficult to achieve. These meeting provide a forum for organization to increase and maximize collaboration, prioritize projects, apply for joint funding, and increase knowledge sharing. • Project Development: Funding for project initiation to include, but not limited to: outreach to landowners and municipalities, site visits, initial scoping, and preliminary design work. This work is vital to the development of 100% design of capital projects and is important 167

as grant applications and other necessary development work are time and resource consuming. Project development ensures landowner by-in and guarantees that projects are well planned before full design and implementation funds are sought. • Design and Implementation: Continued funding for design and to fully implement projects. • Operations/Maintenance/Monitoring/Follow Up (depending on project type): To ensure that installed practices are maintained and working properly for the full life of the designed practice, funding is needed to support these categories. If installed projects fail or are not properly maintained, then not only is the reduction in nutrient loading not realized, but the investment of funding in the previous phases of project scoping through implementation are lost. Continued monitoring for a specific time-period can also provide experts with valuable information on the life of the practice, effectiveness as the practice ages, and cost of operations and maintenance. Results from continued monitoring can be used to further improve and refine practices.

4.2.2.2. Enforcement

As enumerated in chapter 3, Vermont has strong environmental regulations in Act 64, the Shoreland Protection Act, and Act 250. However, stakeholders indicated in the survey that enforcement of state laws specifically regarding the permitting process and restriction on new development from the Shoreland Protection Act are not being strongly enforced, and without enforcement, the laws and regulations are not effective. VDEC only has three regional lake and shoreland permitting analysts and seven regional enforcement officers for the state. Additional staff would support not only enforcement but proactive outreach to regulated communities to increase compliance with new regulations. Responses from state employees to the stakeholder survey indicated that the greatest barriers for project implementation at the state level are limited financial resources and limited human resources. This suggests that additional funding appropriated by the legislature for state agencies or internal agency redistribution of funding to obtain additional staff is needed to improve enforcement and permitting operations. Limitations staff are likely to be an ongoing challenge so more effective targeting of enforcement efforts in areas with the highest phosphorus loading potential could increase the impact of these efforts for reducing phosphorous loading to Lake Memphremagog.

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4.2.2.3. Political Will- local, state, and federal

Lack of political will was cited as a barrier to project implementation. From US stakeholders this referred to lack of political will to commit funding from all levels of government, but also lack of political will to implement projects on the local level. Political will is necessary to pass legislative initiatives and at the local level, it is necessary for project implementation, the commitment of in- kind funding for grants and projects, and for the adoption of local bylaws that protect environmental resources, such as river corridor protection by-laws. There is no clear single path to increasing political will and political advocacy, outreach, and education for the public and local officials is time and resource consuming. However, stakeholders indicated that more outreach to the public, local officials, and state government officials is necessary to promote project successes and the importance of investing in clean water projects in the Lake Memphremagog Watershed.

4.2.2.4. Agricultural Lands (Corresponds to suggestions in 5.2.1)

Implementation of practices on agricultural lands represents one of the greatest needs and challenges in the Vermont portion of the Lake Memphremagog watershed. TMDL estimates indicate that phosphorus loading from agricultural lands needs to be reduced by 46% to meet our clean water goals. As outlined in section 3.2.2.5a, there are a number of programs set up through the United State Department of Agriculture/Natural Resource Conservation Service (USDA/NRCS) and Vermont Department of Agriculture, Food and Markets (VAAFM) that have set guidelines for agricultural BMPs, provide funding for implementation and technical service providers, as well as government employee staff who provide direct assistance. Many of these programs are statutorily mandated and funded through the US Farm Bill, VT Act 64, and state and federal budgets that support agency staffing. However, although these programs are in place, stakeholders in the survey indicated that there are substantial gaps in coverage and that program resources are not sufficient to meet program needs.

For on-farm BMPs to be effective in reducing nutrient loading long term, wide-spread adoption of practices is required as well as continued operation and maintenance of installed practices. Wide spread adoption of practices is a large hurdle due to: 1) the number of individual operations and number of practices needed per operation; 2) Limited financial resources of agricultural producers to provide matching funds for BMPs and the financial strain involved in taking land out of production for conservation or BMPs; 3) Limited time agricultural producers have to interface 169

with complicated program requirements, applications, and reporting; 4) Limited capacity for technical service providers to provide direct assistance or financial assistance for planning, applications, and BMP implementation.

To reach implementation goals, stakeholders in the survey and in conversations with the Memphremagog Agricultural Workgroup identified categories of challenges and gaps in current regulatory framework, which are barriers to implementation. Many of these gaps can be addressed through regulation which ensure long term funding, increasing knowledge of regulations, and expanding what is eligible for clean water funding.

1) Uncertainty in long-term funding for implementation and planning projects. For example, the Memphremagog Regional Conservation Partnership Program (RCPP) (section 5.2.1.5a) has been a successful collaborative effort to provide technical support and implementation funding, however, it is a discrete five-year project with a limited scope. There is uncertainty around whether or not the gains made from this program will be sustained, expanded, or continued after the initial program funding ends. Further, the US Farm Bill is reauthorized about every 5 years; with each reauthorization comes uncertainty regarding which programs will be funded and how much funding will be granted (See Section 5.2.1.3).

2) Gaps in programmatic support for follow-up, operations, and maintenance. Technical service providers and producers receive little to no funding for this step. Follow-up and operations and maintenance are key to ensuring that installed practices continue to reduce nutrient loading in the long term (See Section 5.2.1.3).

3) Gaps in collaboration among service providers. Locally, the Memphremagog Agricultural Working Group meets to discuss efforts in the watershed, but this is funded through the Memphremagog RCPP, making its sustainability uncertain. However, given the various levels of service providers and programs from federal, state, local, and non-profit sources, members at the Memphremagog Agricultural Working Group expressed frustration with trying to coordinate and collaborate on projects to provide agricultural producers with the best information and program assistance (See Section 5.2.1.1).

4) Gaps in the dissemination of information to agricultural producers and private sector agricultural product representatives. Agricultural producers often receive advice on farm management from 170

equipment and feed sales representatives. Stakeholders indicated that many sales representatives are not aware of Required Agricultural Practices (RAPs) and regulatory requirements, making the advice given from the technical service provider and the sales representative conflicting and practice adoption more difficult for the agricultural producer (See Section 5.2.1.4).

5) Gap in the understanding of the impact, limiting factors, and effectiveness of BMPs on Lake Memphremagog Watershed producers. Given that the watershed has a unique make up of producers, stakeholders suggested that a greater understanding of barriers to BMP implementation specific to the watershed would help service providers understand how to overcome these barriers. Further, more work can be done to understand the widespread impact of certain Environmental Quality Incentives Program (EQIP) and NRCS practices specific to the watershed (See Section 5.2.1.2).

4.2.2.5. Developed Lands (Corresponds to suggestions in 5.2.2)

According to TMDL estimates, phosphorus loading from developed lands needs to be reduced by 18% to reach Vermont’s clean water goals. The two largest contributors of phosphorus in that category are dirt roads and developed parcels (homes, businesses, etc.). In Vermont, the majority of dirt roads are owned by municipalities. Under Act 64, VTDEC was required to develop the Municipal Roads General Permit (MRGP) and set standards to reduce erosion from all hydrologically connected road segments. As described in chapter 3, section 3.2.2, municipalities are required to complete an inventory of all hydrologically connected road segments (paved and dirt), and then fix all erosion by 2037. Under Act 64, VTrans is also required to reduce erosion from state owned roadways and infrastructure.

Although the road standards and programs are in place, stakeholders have indicated that the road erosion inventories, and subsequent upgrades present a challenge for the smaller Vermont municipalities. Small Vermont towns are generally without full time administrative staff, usually a part-time town clerk. Further, town government consists of part-time Select Boards or other governing bodies. Town staff and officials may or may not have expertise in roadways and town road budgets for maintenance are limited. Although there is state funding available for the road erosion inventories and currently funding available for road improvement projects, to access funding, towns must submit grant applications and then hire out for the initial inventory. There is also no guarantee how much funding will be available for road improvements, especially as 171

demand increases for access to funding as regulatory deadlines approach (See Section 5.2.2.). Further, implementation of road projects and upgrades may require expensive equipment that the town does not want to purchase, as the level of use of the equipment does not justify the cost of purchase, such as a hydro-seeder (See Section 5.2.2.2). In the Lake Memphremagog Watershed, in addition to assistance from state agencies, there are also non-profits, Northern Vermont Development Association (NVDA), and the collaborative group, the Northeast Kingdom (NEK) River and Roads Group, who are working with towns to help municipalities through this process as mandated by state regulation; however, this capacity is limited (See Sections 5.2.2.1 & 5.2.2.4).

All development within 250 ft of the shoreline is regulated under the Shoreland Protection Act, which both restricts new development and requires permitting to protect Vermont’s shorelines. Further, the Vermont Act 250 permitting process requires the review of the environmental impacts of major subdivisions and development. For existing development, Act 64 required that VDEC adopt a 3-acre permit rule which requires stormwater remediation projects for all developed parcels that have 3 acres or more of impervious surface; this rule is still be developed at the writing of this report.

Stakeholders indicated that the greatest hurdle to implementation of the Shoreland Protection Act is dissemination of information and enforcement. VDEC has three permit officers for the entire state who are tasked with assisting landowners through the permitting process, enforcing permit requirements, and identifying violators. Although no statistics exist to capture this, stakeholders expressed frustration that development is occurring within 250 feet of the shoreline and is in violation of the law by landowners who are either willfully ignoring state regulations or are unaware. Due to limited staff at VDEC for this program, it then falls to neighbors and citizens to contact VDEC to report potential violations. Further, given the complexity of the Shoreland Protection Act, additional landowner assistance with understanding the regulations would prevent violations. The state does offer a Shoreland Erosion Control Certification for professional- such as contractors and landscapers- to understand state regulations and assist with compliance with the Shoreland Protection Act (See Sections 5.2.2.2, 5.2.2.3, & 5.2.2.4).

For existing development, the Lake Wise program is a voluntary program through VDEC to assess and retrofit shorelands. This program is not in statue, and no stakeholders suggested that it should be statutorily mandated or defined. However, expansion of the program by expanding VDECs 172

efforts or working with local lake associations/groups to increase landowner buy-in and adoption of BMPs was highlighted by multiple stakeholders in the survey (See Sections 5.2.2.2 & 5.2.2.3).

4.2.2.6. Natural Lands (Corresponds to suggestions in 5.2.4 and 5.2.5)

TMDL estimates indicated that a reduction in loading from natural lands includes 2.3% from “other” category, which includes wetlands, water, and forest, and 23% reduction from stream channels. Under Act 64, AMPs for forestry practices were updated and are currently being implemented on logging operations with assistance from Vermont Forests, Parts and Recreation (VFPR), Vermont Land Trust (VLT), Northwoods Stewarship Center, and county foresters (See Section 3.2.2.5c).

In order to protect stream banks and river corridors, municipalities can pass zoning laws or river corridor by-laws. Some communities have been exploring these regulatory options which would restrict development around the rivers in the watershed to reduce erosion. However, there are municipalities in the watershed who currently have no zoning laws, making getting citizen and municipal buy-in for adopting zoning laws for environmental protection difficult. There is also a generally a lack of political will for river corridor by-laws. NVDA does provide direct assistance to municipalities for adopting zoning or by-laws; however, this is a time-consuming task and NVDA has limited capacity, as they provide services to a wide geographic range beyond the Memphremagog Watershed (See Section 5.2.3.3).

There are currently no regulatory requirements in Vermont to restore riparian buffers, or streambanks. If the streambanks are located on agricultural lands, the landowner could access agricultural BMP funding, for example through EQIP, to protect those streambanks. Landowners can also work with VLT or other qualified entities like Ducks Unlimited to protect stream banks or other natural lands with conservation easements (See Section 5.2.3.1 & 5.2.3.1).

Maintaining access to funding and support from state and federal agencies for stream bank and habitat restoration is necessary to continue and expand programs like those described in section 3.2.2.5c currently underway by Vermont Fish and Wildlife (VF&W). In fiscal year 2019, federal funding from the Great Lakes Fisheries Commission (GLCF) was dedicated to the Lake Memphremagog Watershed for riparian habitat restoration as well; however, it is unknown if this funding will continue (See Section 5.2.5.2) 173

Access points to streams and lakes are managed by VF&W or VFPR. Changes to these access points on shorelines would be regulated under the shoreland protection act. However, there is no regulatory requirement for assessment of these access points to ensure that no erosion is present (See Section 5.2.5.1.).

4.3. Quebec and Vermont Science and Policy Analysis

Since 2004, both the Quebec Vermont Steering Committee and the smaller Technical Subcommittee meetings have provided a successful and valuable space for international collaboration. For example, meetings were used as the conduit to develop the models to estimate phosphorus loading numbers that were used for the Lake Memphremagog TMDL. Participation in the Steering Committee has fostered relationships and introduced individuals to their binational professional counterparts. Out of these relationships, collaborative and transborder fieldwork and projects have emerged, such as the Creel Survey Project initiated in 2018.

Given the established leadership role and collaborative space that the Quebec Vermont Steering Committee has already provided, many from the Memphremagog Study Advisory Group (MSAG) and stakeholders have advocated for strengthening and using the Quebec Vermont Steering Committee as a platform for meeting the binational water quality goals (recommendation 6.3). The policy and science analysis in this chapter in regard to the Quebec Vermont Steering Committee is presented in the context of the past successes and strength of the committee, as well as opportunities to enhance binational work and collaboration under the guidance and direction of the current steering committee leadership team and provincial and state governments.

4.3.1. Quebec and Vermont: Science Analysis

There are some similarities and differences between the water Differences between the quality monitoring done by Vermont and Quebec in the Lake monitoring done by Vermont and Quebec make it difficult to Memphremagog Watershed. Both focus on the trophic status compare water quality. A sampling assessment based on the measurement of total phosphorus strategy allowing the comparison (PT) concentration, chlorophyll a (chl-a) concentration and of the results would facilitate an overall reading of the water transparency measured with the Secchi disk. Although, the quality. water samples are not collected at the same times and there 174

are differences between paired samples caused by unknown factors that make it difficult to compare water quality results coming from Quebec and Vermont. Quebec and Vermont continue the evaluation of these factors. There are also differences between some parameters sampled: in Quebec, the oxygen and temperature profiles have been measured in the lake body since 2012 and fecal coliform samples are collected in the tributaries, when nitrogen is analyzed for the Vermont tributaries and the lake. Finally, few nitrogen data exist for the Quebec portion of the Lake and its tributaries (See Sections 2.3.2, 3.2.1.2). A global analysis of the datasets is necessary in order to propose a sampling strategy allowing the comparison of the results (See Section 6.1).

Furthermore, climate change is already altering precipitation Impacts of climate change are patterns and increasing average temperatures in Vermont and already noticeable, but few Quebec and is expected to continue. Increase in the intensity information exists on the potential impacts. Studies must be done to of storm events can lead to flooding, riverbank instability, take climate change into account runoff, and increased pollution and nutrient loading. Warmer when developing management plans and recommendations to average annual temperatures can also affect the intensity and reduce nutrient loading. duration of algal blooms and prolong thermal stratification, potentially leading to an increase of phosphorus released from sediments. However, little information exists on the potential impact of climate change on future nutrient loading and algal blooms in Lake Memphremagog and more information is needed to take climate change into account when developing management plans and recommendations to reduce nutrient loading in the Memphremagog watershed (See Section 2.1.5; 6.1).

The segmented lake model developed for the Lake Memphremagog phosphorus TMDL did not suggest substantial internal phosphorus loading from any lake segments. On the other side, when internal loading is not likely to happen in Vermont due to the shallow and better mixed waters, internal loading is more likely to be an issue in the Quebec portion of the watershed. There is a need to better characterize the potential for internal phosphorus loading particularly with considerations for changes in the length of stratification which may occur with climate change.

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Also, it is important that governments and organizations stay Staying current with emerging current with emerging technologies, methods, and best technologies, methods, and best management practices to management practices to reduce nutrient loading. This reduce nutrient loading would research can lead to cost savings for project implementation, lead to increased project increased project efficiency, and increased nutrient reduction. efficiency and cost savings. Potentially increased knowledge sharing between Lake Champlain Basin groups, such as the University of Vermont Lake Champlain Basin Program and OBV (Watershed Organization/Organisme de bassin versant) Missisquoi Bay, and the Steering Committee could begin this process (See Section 6.1).

Finally, it is difficult to access all the scientific data and research A common portal would done by the stakeholders from the two countries because the lead to increased sharing of scientific data information is distributed in different locations. The Steering and project efficiency. Committee can facilitate the sharing of scientific data, including water quality monitoring, cyanobacteria bloom occurrence, land use and climate change, among others, by establishing a common portal (See Sections 6.1 and 6.3).

4.3.2. Quebec and Vermont: Policy Analysis

Stakeholders identified a need for additional support to coordinate Steering Committee meetings, presentations, and initiatives, house and fund a website presence for the Steering Committee and provide a public face for the Steering Committee in the local community and at the provincial/state and federal levels.

Following the last report prepared by the Monitoring and Assessment Work Group of the Quebec/Vermont Steering Committee in 2008, the recommendations have not all been implemented. For example, the report was recommending implementing an action plan done from the recommendations of 1993, and hiring, in Quebec, one person full-time to coordinate with the existing Vermont Memphremagog Basin Planner, to ensure the recommendations are carried out and to give an administrative support to the Quebec/Vermont Steering Committee (Quebec/Vermont Committee, 2008).

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Given that there is an opportunity to strengthen scientific Quebec Vermont Steering and political connections between Quebec and Vermont, as Committee has provided a successful and valuable space well as an existing committee to support that process, for international collaboration. A providing additional financial and human resources for the need for additional support to Quebec Vermont Steering Committee has been offered by coordinate Steering Committee meetings, presentations, stakeholders as a priority recommendation. The Quebec initiatives, and provide a public Vermont Steering Committee is currently limited in its face for the Steering Committee in the local community and at capacity, in part because the group is unfunded. The the provincial/state and federal attendance and presentation preparation of most participants levels was identified as a priority is supported by internal budgets. The state of Vermont and recommendation. the Government of Quebec do financially support the meetings for the Steering Committee with room rentals and hospitality for each meeting, as well as supporting staff to organize biannual meetings.

Consultation with Steering Committee Organizers and government officials is needed to determine the level of financial support required, to decide how those funds would be used, and to ensure that the autonomy and independence of the Steering Committee are maintained (See Section 6.3).

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Chapter 5 Suggestions for best management practices and initiatives

Chapter 5 is a list of specific suggestions for best management practices (BMPs) and initiatives to reduce nutrient loading in Lake Memphremagog separated by country and by land use type. The suggestions presented in this chapter were gathered through the Networking Survey Questionnaire and through individual conversations with stakeholders. The Networking Survey Questionnaire was sent to 161 stakeholders, 105 Canadians and 56 Americans in November and December of 2018. 26 Canadians and 33 Americans responded to the survey. A complete analysis of the survey results is included in a separate Networking Report.

It should be noted that many of the suggestions for initiatives and BMPs presented in this chapter have not yet been verified for cost effectiveness, viability, or general need. However, since the Networking Survey captures the experience of experts working in the Memphremagog Watershed, their suggestions are informed opinions that could be the basis of further investigation, action, and innovation. Although still unverified, the suggestions for BMPs and initiatives are capture here in the report to provide inspiration for future research and on-the-ground actions. Further, the analysis of these suggestions allowed for the identification of commonalities in areas of need between Canada and the United States to help develop the broader binational recommendations for governments in chapter 6.

After the Networking Survey results were compiled, individual follow up interviews and email conversations with individual stakeholders to clarify, refine, and improve these suggestions were conducted. MWA also conducted focus group meetings with the Memphremagog Agricultural Working Group and the Memphremagog Stormwater Collaborative.

Suggestions by sector are grouped into four categories, although not all four were applicable to each land use type. This includes: 1) supporting capacity building of active groups; 2) addressing hurdles to Best Management Practices (BMPs); 3) increased financial support; 4) expanding knowledge. Land use types are presented alphabetically, not in order of importance.

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5.1. Canadian Initiatives

5.1.1. Agricultural Sector

5.1.1.1. Expand knowledge • Assess manure spreading practices including in perennial crops. • Assess erosion within the fields of the agricultural producers prioritizing fields with a higher phosphorus coefficient of exportation, as annual crops and perennial crops in steep slopes. • Provide a follow up after the agricultural riparian buffer characterization to evaluate the implementation of PGO along agricultural watercourses.

5.1.1.2. Address hurdles to on-the-ground projects and BMP Implementation • Ensure the Agricultural Operations Regulation (REA, Règlement sur les exploitations agricoles) implementation regarding shorelines, livestock access to the watercourses and manure spreading, as fall spraying and separation distances from streams. • Provide support and incentives to the problematic agricultural farms regarding manure spreading in the improvement of their practices (incorporation to the ground, limitation of the spreading in fall). • Provide information on erosion reduction techniques and help in implementing soil conservation practices to the agricultural producers with erosion problematics. • Provide incentives to avoid the conversion of perennial crops in annual crops, particularly in risk areas, as steep slopes.

5.1.1.3. Financial support • Provide source of financial compensation to landowners for loss of agricultural production acreage for planting large riparian buffers. Fund riparian buffer restoration programs. • Provide sufficient funding to offer incentives to the agricultural producers to avoid the conversion of perennial crops in annual crops and implement BMPs.

5.1.2. Developed Lands

5.1.2.1. Expand knowledge • Conduct a stormwater management plan at the Quebec portion of the watershed scale. • Support the realization of municipal and private road erosion self-assessment. • Support the realization of private septic systems compliance assessment.

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5.1.2.2. Address hurdles to on-the-ground projects and BMP Implementation • Provide assistance to municipalities for bylaws updates and to implement non-regulatory efforts. • Use the Regional County Municipality (MRC, Municipalité régionale de comté) Memphremagog Land Use Planning and Development Plan (SAD, Schéma d’aménagement et de développement) as a tool to expand some municipal regulations to other municipalities about steep-slopes construction, management of stormwaters and control of erosion. • Increase municipal and provincial staffing and provide continuous assistance to ensure that the construction of new roads and the maintenance of unpaved roads, ditches and culverts limit erosion along the road network. • Increase outreach and landowner support for soil erosion control and stormwater management on private lands. • Expand the municipal funding programs to help owners to improve their non-compliant septic system.

5.1.2.3. Financial support • Provide funding to municipalities to assess individual septic systems. • Provide sufficient funding to assess problematics along the municipal and provincial road network, for example, along unpaved roads, ditches and culverts. • Provide sufficient funding to implement erosion mitigation measures along the municipal and provincial road network. • Provide funding to municipalities to inspect residential constructions, including private road construction and maintenance. • Provide information to municipalities to promote funding sources for road improvements and water quality projects.

5.1.3. Natural lands

5.1.3.1. Expand knowledge • Develop a conservation plan of the natural lands at a watershed scale. A Regional Wetlands and Bodies of Water Plan is already planned for 2022 by the Ministry of Environment and Fight against Climate Change (MELCC, Ministère de l’Environnement et de la Lutte contre les Changements climatiques) and the MRC for the Quebec portion of the watershed.

5.1.3.2. BMPs needed • Use the MRC’s SAD has a tool to protect by specific zoning assignments the natural lands of ecological interest, as wetlands, forests and shorelines. The review of the MRC’s SAD began in 2019. • Establish a target (%) of protected areas at a watershed scale to support the implementation of an action plan. 180

• Support the municipalities to integrate the conservation of natural lands in their town by- laws, zoning by-laws, and town plan. • Support local organizations to increase awareness regarding conservation of natural lands for land owners and Best Management Practices (BMPs) for foresters.

5.1.3.3. Financial support • Provide funding support to purchase conservation easements or lands to protect natural lands to perpetuity in the Lake Memphremagog watershed. • Provide solid incentives to landowners who create private nature reserves. • Provide national guidelines and financial support to municipalities that faces taxes loss due to the actual private nature reserve system. • Provide funding support to natural landowners and local organizations to implement voluntary conservation agreements, for example, to carry out ecological evaluations of properties. • Provide solid incentives to foresters to implement and improve bridges and culverts, to apply the Forest Stewardship Council (FSC) certification and to implement Forest Management Plans (PAF, Plan d’aménagement forestier) integrating BMPs.

5.1.4. Point sources

5.1.4.1. Address hurdles to on-the-ground projects and BMP implementation • Continue to assess industry effluents to ensure the comply with nutriment requirements. • Continue to support waste water treatment plant managers in the achievement of clean water requirements.

5.1.5. Recreational tourism sector

5.1.5.1. Address hurdles to on-the-ground projects and BMP Implementation • Address the possibility to add a pump out service in the Quebec south part of the lake. • Regulate boating, as sports generating oversized waves, in sensitive zones of Lake Memphremagog. • Raise awareness in the population about the importance of protecting the water quality of the lake supporting public beaches and lake access for all citizens and promoting ecotourism.

5.1.5.2. Expand knowledge • Assess the impacts of the six golf courses and the two ski resorts on nutrient loading in Lake Memphremagog and its tributaries. • Support the realization of erosion diagnosis along all-terrain vehicle roads.

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5.1.6. Water quality monitoring

5.1.6.1. Expand knowledge • Analyse the water quality datasets to identify the limits of these and to propose a sampling strategy. • Improve the monitoring program of the Quebec portion of the watershed to identify water quality hotspots, to evaluate the effectiveness of BMPs and to measure the evolution of the water quality in the watershed. An increase of the monitoring efforts for phosphorus and water flow could be necessary in the main tributaries of the watershed. The monitoring plan would have to be harmonized with the Vermont monitoring plan. • Improve the cyanobacteria blooms monitoring program to be able to monitor the evolution of this issue in Lake Memphremagog.

5.1.6.2. Address hurdles to on-the-ground projects and BMP Implementation • Fix nutrient concentration goals for the Quebec portion of the lake to support the implementation of an action plan.

5.1.6.3. Increase financial support • Provide sufficient and a long-term funding to implement a monitoring plan for the Quebec portion of the watershed to be able to identify water quality hotspots, evaluate the effectiveness of BMPs and measure the evolution of the water quality in the watershed.

5.1.7. General suggestions • Provide resources to implement an action plan, coordinate the implementation of the existed action plans and to implement BMPs in the different sectors. • Assess the impact of climate change on Lake Memphremagog.

5.2. United States Initiatives

5.2.1. Agricultural Sector The greatest number of suggestions for BMPs and initiatives suggested in the networking survey were for the agricultural sector. This is not surprising given the hurdles and barriers described in chapter 4 and the assistance and expansion of programing for agricultural producers and agricultural service providers presents one of the greatest opportunities for reductions in phosphorus loading in the watershed. Suggestions in this section were also discussed with the Memphremagog Agricultural Working Group and individual stakeholders as follow up to the initial survey.

5.2.1.1. Support capacity building of active conservation organizations in the watershed • Acquire financial support for coordination of the Memphremagog Agricultural Workgroup. 182

• Provide ongoing technical assistance (TA) support to Conservation Districts for nutrient management planning (NMP) and BMP implementation services to agricultural producers. • Provide funding for the administration of the Memphremagog Regional Conservation Partnership Program (RCPP) from the state. • Facilitate better communication among agencies and organizations to coordinate projects and funding, as well as streamline implementation

5.2.1.2. Address hurdles to BMP related programing • Operation and Maintenance (O&M) – The state and partners should create a long-term state funded O&M BMP follow up protocol. Follow up and O&M is also a learning opportunity to understand how practices work in the long term. This suggestion could also include additional enforcement and inspection of installed practices as well, however, additional resources for VAAFM would be required. • Direct financial assistance funds for farmers for on-farm BMPs from the Memphremagog RCPP have been incredibly successful in providing for the implementation of BMPs. At the writing of this report, the financial assistance fund from the Memphremagog RCPP grant have been spent. New funding sources need to be made available to provide direct financial assistance funds to Conservation Districts to continue to increase farm BMP implementation for discrete low-tech projects and matching state BMP dollars. • Manure storage – to better develop a program for manure storage upgrades and BMPs, field work is needed to identify limiting factors to on-farm improvements. This work requires engineering expertise and funding to work with farmers to assess on-farm practices. • Agricultural Stormwater- additional field work and on-site assessments are needed to determine how to prioritize projects on-farm to manage the source of stormwater runoff, reduce runoff, and intentionally work on filter areas and other BMPs at outlets areas. • Provide administrative support to farmers for grant management and certifications, could include assistance with NMP, milk buyer herd health, organic certification, and other paperwork requirements. • Increase Vermont Nutrient Management Plan Code 590 implementation by addressing limitations for engineering or look to alternative ways to provide financial support to farmers. • Work with Natural Resource Conservation Service (NRCS) and local feed nutritionists to understand the need for and to train and certify Technical Service Providers (TSPs) for NRCS Feed Management Conservation Activity Plan (CAP) practice. To lead toward Feed and Nutrient Management implementation – read the UVM study. Study highlights accumulation of P and looks at feed imports.

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5.2.1.3. Increased financial support directly to agricultural producers to ease financial burden of BMP implementation. • Increased agricultural conservation equipment incentive grants for BMP related equipment (for example, manure injection or precision agriculture) for farmers, non-profits, and technical support. • Support farmers and partners to conduct on farm demonstration projects related to soil health and improved tillage methods. For this to be successful, agricultural producers will need services providers to follow-up and resources to support demonstration projects and associated promotion. • Support implementation of ecosystem and tourism services payments to farmers at the state level. • Ensure long-term federal support for the Conservation Reserve Enhancement Program (CREP) or provide another source of financial compensation to landowners for loss of agricultural production acreage for planting riparian buffers. Fund riparian buffer restoration programs. • Reposition funding from the federal government that currently supports large farms to smaller farms for implementation of BMPs to attract farm tourism and revitalize local areas.

5.2.1.4. Expand knowledge • Support agricultural conservation promotion and educational activities– including expanding current efforts, such as art exhibit, road signs, success story write ups, the videos, conservation field days etc. • Fund ongoing agricultural pre and post BMP monitoring through targeting water sampling programs paired with the creation and distribution success stories. • Formally include local water quality data in land treatment plans. • Increase knowledge base of fertilizer dealers on the nutrient management plans and required agricultural practices (RAP). • Create large farm operations (LRO) and medium farm operations (MFO) farm labor RAP and natural resource training program. • Increase working relationship with Agricultural Science department at North Country Career Center and continue to create opportunities for involving Future Farmers of America students. • Support agricultural producers in understanding and implementing strategies for climate resiliency. • Where applicable, provide for shared learning opportunities with Quebec through invites to workshops, collaboration, and the Quebec Vermont Steering Committee.

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5.2.2. Developed Lands Suggestions for BMPs and initiatives for developed lands came from the networking survey. Suggestions in this section were also discussed with the Memphremagog Stormwater Collaborative (SWC) and individual stakeholders as follow up to the initial survey. These suggestions focus heavily on assisting municipalities with the requirements of the Municipal Roads General Permit (MRGP), expanding the voluntary Lake Wise program, and the installation of small and large scale GSI retrofits on developed parcels.

5.2.2.1. Support capacity building of active organizations and state agencies in the watershed. • Provide ongoing support and coordination for the NEK River and Roads Group and the Memphremagog Stormwater Collaborative as local groups providing professional support, technical assistance, and meeting platforms for collaborative project development. • Improve state departmental staffing and/or provide additional mechanism to increase outreach and landowner support for project permitting under the Shoreland Protection Act and Act 250. • Continued and increased connections among local and regional groups with state wide advocates to provide a conduit for input on state legislation that affects development and stormwater, utilizing Federation of Vermont Lakes and Ponds (FOVLAP), Watersheds United Vermont (WUV), the Clean Water Network, and the Clean Water Caucus.

5.2.2.2. Address hurdles to on-the-ground projects and BMP Implementation • Establish equipment sharing programs – determine need and feasibility for purchase and subsequent lease of equipment, such as hydro-seeders, for local municipalities or organizations to use for water quality projects • Install and use demonstration sites to promote BMPs for stormwater remediation projects, especially in high need areas. • Increase state permitting and environmental regulation enforcement. Increase long term follow up to ensure landowner compliance and long-term operations and maintenance. Include education and provide technical support for landowners and/or municipalities to ensure long-term effectiveness of installed practices. • Increase local engagement with the Lake Wise Program to obtain Lake Wise Gold Awards for all lakes in the watershed. Develop a Lake Wise Master Planning system to outline how each lake can obtain gold status. • Engage with lake associations to train volunteers and members to help identify properties and areas that may benefit from stormwater practices, such as road ways, developed parcels, and private properties. Use lake association volunteers as first contacts for outreach and projects, as early adopters and local and trusted community messengers. • Provide grant writing assistance to municipalities to increase access to state funding for project implementation. • Prioritize projects identified in stormwater master planning for design and implementation.

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5.2.2.3. Increased financial support • Increase access and designated funding for project scoping, landowner outreach, and design phases at the state level. • Increase access for funding projects on private land, including shore land erosion projects, private road projects, and home-scale green stormwater infrastructure. • Explore feasibility of creating a “Lake Wise Assistance Program” similar to the “Weatherization Assistance Program” to provide financial assistance for professionals to complete Lake Wise Assessments.

5.2.2.4. Expand knowledge • Provide information to municipalities, as needed, to promote funding sources for road improvements and water quality projects, as well as provide assistance for town planning and bylaws updates. • Prioritize outreach to individual land owners on BMPs for homes and businesses. • Increase local knowledge base through workshops for road crews, homeowners, professionals, and other stakeholders implementing projects on developed land. • Use water quality monitoring data and/or case studies on implemented projects to promote success stories and impact of BMPs and projects.

5.2.3. Natural lands Suggestions for BMPs on natural lands were informed by the networking survey and were also discussed with the Memphremagog Stormwater Collaborative (SWC) and individual stakeholders as follow up to the initial survey. The most significant contributor of phosphorus from natural lands is from unstable stream channels. Suggestions for natural lands focus on the continuation and expansion of stream bank assessment programs, riparian and wetland habitat restoration, and continued assistance to municipalities for river corridor protection by-laws and zoning laws.

5.2.3.1. Address hurdles to on-the-ground projects and BMP Implementation • Work to complete Phase 1 and Phase 2 Stream Geomorphic Assessments of all major streams. • Support stream buffer, wetland, and riparian habitat restoration to reduce stream bank erosion on both private and public lands. • Continue to protect and preserve riparian lands through conservation easements. • Use local organizations to implement “Blueberries for Blue Waters” or “Trees for Streams” programs to encourage vegetation along shores and stream banks.

5.2.3.2. Increased financial support • Increase access and designate funding for project identification, landowner outreach, and planning from state and federal funding streams.

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• Continue to provide federal funding for riparian buffers and streambank restoration projects.

5.2.3.3. Expand knowledge • Provide outreach and support to municipalities in adopting flood plain protection and buffer zones in municipal zoning regulations. • Use water quality monitoring data and/or case studies on implemented projects to promote success stories and impact of BMPS and projects. • Increase public engagement through workshops, recreational and educational events -like bird walks, forest walks, canoe paddles- to provide information on the importance of stewardship and improvement of natural lands for water quality and other benefits.

5.2.4. Point sources Point sources in the Vermont portion of the watershed consist solely of the four Waste Water Treatment Facilities (WWTF). There was no specific policy or science analysis included in chapter 4 for this land use, as there is already a program underway in Vermont to optimize phosphorus concentrations in WWTF effluent (3.2.1.5d). The suggestion below is based on the implementation of the optimization process and were informed by following up with individual stakeholders after the initial networking survey.

5.2.4.1. Address hurdles to on-the-ground projects and BMP implementation • As the phosphorus optimization process begins in watershed waste water treatment facilities, maintain close contact with municipalities and plant managers to understand avenues for support, coordination, and process assistance.

5.2.5. Recreational tourism Recreational tourism section focuses on the use of natural lands for recreation. This includes trails by waterways, river and lake access points, and boating. In Vermont, there are no downhill ski resorts in the watershed. Although this land use type is not a major contributor of phosphorus, suggestions for BMPs and initiatives in this section focus on assessing current recreational access points and trails for erosion and applying BMPs and repairs to fix erosion and stormwater runoff. Suggestions were informed by the networking survey and individual follow ups after the initial survey.

5.2.5.1. Address hurdles to on-the-ground projects and BMP implementation • Complete watershed wide assessment of public access points to waterways to determine if shoreline erosion control projects, improvements to parking areas, and/or Lake Wise practices are needed. Assessments include Fish and Wildlife access points, boat launches, and public beaches. Assessments can utilize state and local organizational staff. Move projects to implementation once assessments are completed. • Continue and increase recreational trail maintenance and construction to reduce erosion from recreational trails and increase public access to waterways to increase public appreciation and awareness to support local-by in for BMPs and project implementation. 187

• Support class 4 road maintenance to stop erosion from hydrologically connected segments and ensure class 4 roads are open for recreation.

5.2.5.2. Increased financial support • Ensure continued funding for BMP scoping, design, and implementation, including funding for watershed crews and local organizations.

5.2.5.3. Expand knowledge • Create semi- permanent informational signage or kiosks explaining projects and benefits of installed practices at public access points and public trails. • Ensure that information regarding projects and benefits is disseminated into the community via press releases, websites, social media, and other avenues. Provide unveiling events or involve community volunteers where applicable to increase awareness for projects, practices, and benefits.

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Chapter 6 Recommendations for a Binational Approach

Introduction The recommendations below are provided to the Canadian and United States federal governments with the goal of organizing, catalyzing, and coordinating actions around Lake Memphremagog and the Memphremagog Watershed. The goal is to reduce nutrient loading throughout the watershed to reduce nutrient concentrations and the frequency and severity of harmful algal blooms (HABs) in Lake Memphremagog. The recommendations are intended to strengthen and garner binational coordinated actions and approaches. The recommendations below are couched in the following underlying factors and context: • The phosphorus concentration of Lake Memphremagog has been either stable or slightly decreased since the early 2000s, when the chlorophyll concentration indicates stability. According to the trophic status classification chart used by the Ministry of Environment and Fight against Climate Change (MELCC, Ministère de l’Environnement et de la Lutte contre les Changements climatiques), the lake is globally at an oligo-mesotrophic level according to the total phosphorus concentration, whereas according to the indicator of algal biomass, the chlorophyll-a concentration, it is situated at the mesotrophic level in the southern half of the lake and at the oligo-mesotrophic level in the northern half of the lake. Fitch Bay and South Bay, which are isolated and distinct sections of the lake, shows a more advanced state of eutrophication. • Quebec make measurements of the trophic level as a general indication of the lake condition and trend. The Quebec approach to eutrophication control is based on implementing several measures (legal, financial, administrative and management practice) in order to stabilize or decrease the nutrients level in aquatic ecosystems globally over the Quebec territory and to specific area, taking in consideration water quality criteria and the ecosystem condition for point source effluent loads. The monitoring programs serve to evaluate the effect of those measures. • Water quality monitoring of Lake Memphremagog has shown over time that phosphorus levels averaged 18 μg/L in the Vermont portion of the lake, exceeding the state phosphorus standard for the lake of 14 μg/L (VDEC, 2017c). The elevated levels of phosphorus triggered a regulatory response in the United States, and the Vermont Department of Environmental Conservation (VDEC) was required to study and set a Total Maximum Daily Load (TMDL) for phosphorus and outline reduction goals by land use type. The results of the study indicated that a total phosphorus load reduction of 29%, from the Vermont portion of the watershed, was needed to meet Vermont’s clean water goals (VDEC, 2017c). Unlike Vermont, Quebec does not have a water quality target for the lake with a force of law.

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• Three quarters of the lake is in Quebec and one quarter in Vermont, with the water flowing north. Therefore, approximately 71% of the watershed is located in Vermont and 29% of the watershed is located in Quebec. • Lake Memphremagog is a drinking water source for approximately 175,000 Canadian residents including the citizens of Magog and Sherbrooke. No public drinking water uptake are located in the US portion of the Lake. • Lake Memphremagog is a major tourist draw and fishing destination in Eastern Townships. • The Quebec portion of Lake Memphremagog watershed is still mainly natural: the natural lands represent about 82% of the land use, followed by 10% agricultural lands and 8% of developed land, including paved and dirt road, representing respectively 33% and 42% of the Quebec phosphorus loading estimate. The Regional County Municipality (MRC, Municipalité régionale de comté) Memphremagog experienced constant growth, with a 20% population increase between 2001 and 2016. • The Vermont portion of the lake Memphremagog is also mainly natural lands, making up 78% of the watershed followed by 17% agricultural lands and 5% developed lands. Estimated phosphorus loading from agricultural lands in the Vermont portion of the watershed is 46%, and 21% from developed lands. In contrast to the Quebec portions of the watershed, the population of Orleans County – which closely matches the watershed – has dropped by 1.2% from 2010 to 2018. • The frequency and duration of harmful algal blooms (HABs) in Lake Memphremagog is a concern for both the Canadian and United States stakeholders. Between 2006 and 2018, 156 cyanobacteria blooms have been reported by the population on both side of the border. Preventive drinking water avoidance advisories have been issued in two municipalities and public beaches have been closed following cyanobacteria bloom occurrence. There is immediate need to develop binational solutions to control nutrient loading to reduce current blooms. • Climate change is already altering precipitation patterns and increasing average temperatures in Vermont and Quebec and is expected to continue. It is predicted that climate change will increase future nutrient loading and algal blooms in the lakes of the region. As such, there is immediate need to develop binational solutions to control nutrient loading to prepare for a changing climate. • The importance of Lake Memphremagog needs to be highlighted to ensure that it receives the level of attention and funding from federal, provincial and state governments necessary to meet the challenges posed by harmful algal blooms and climate change. • Since 2003, the Quebec Vermont Steering Committee has been a successful platform for supporting coordination, sharing information, and strengthening projects and relationships.

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Recommendation 1: Establish watershed nutrient loading reduction goals through a binational watershed model Reducing nutrient loading will require careful planning and understanding of current state of water quality, areas of concern, and reduction targets. A binational model has been developed to support the development of the TMDL but this model hasn’t been calibrated in Quebec and so there may be inaccuracies in how the model estimates phosphorus loading for the Quebec portion of the watershed. The lack of a calibrated watershed-wide model limits the binational understanding of reduction goals, the management techniques needed to meet those goals, and the effectiveness of those management techniques. Given the need for management and the threat of climate change, the first recommendation is to develop a binational watershed model building on the Vermont TMDL model (section 3.2.2.2).

The following are recommendations for the development of a binational set of tools to support efforts to reduce phosphorus loading in the Lake Memphremagog watershed:

a) Complete a collaborative process lead by the Quebec Vermont Steering Committee or technical committee to evaluate how the watershed model can be updated to more accurately estimate phosphorus loading from the Quebec portions of the watershed and to facilitate making these updates. b) Establish binational lake phosphorus concentration goals for lake segments and use the watershed model to: 1) support the establishment of watershed nutrient reduction goals by land use type; 2) evaluate the effectiveness of BMPs; 3) evaluate the limits to land use conversion; and 4) guide land management decisions binationally. c) Develop a tool to estimate Best Management Practices (BMPs) installation costs and phosphorus reduction benefits for both Quebec and Vermont so that a cost/benefit analysis can be completed to guide implementation efforts and help communicate benefits to landowners on lands where projects with high benefit to cost ratios are located. d) Develop long-term research and development partnership between Lake Memphremagog Watershed stakeholders and local universities to address complex issues including the impacts of climate change on nutrient loading in the watershed, improving in lake modeling, the potential for internal phosphorus loading, evaluating the effectiveness of BMP projects and other emerging topics. This partnership would support the development of more dynamic models to answer many of these questions. e) The Quebec Vermont Steering Committee or its technical committee provides leadership to coordinate the development of the watershed model and acts as a platform for discussion and collaboration to maintain and improve the watershed model over time, to support research and development partnerships, and share information with the Lake Champlain Basin Program technical advisory committee and the Binational Phosphorus Reduction Task Force. f) Through the modeling process, Quebec and Vermont will analyze the existing water quality and HABs dataset and propose a sampling strategy to ensure consistent water quality sampling and monitoring methods and consider new satellite technology that may support more consistent Cyanobacteria monitoring in both countries. 191

g) Use satellite data to evaluate cyanobacteria blooms on the lake and to compare data obtained through traditional monitoring and voluntary mechanisms in Vermont and Quebec, and to help address differences in sampling frequency and protocols and track progress towards nutrient reduction goals. h) Once the model is developed and BMPs are installed, water quality monitoring will be used to track progress towards nutrient reduction goals and adjust long-term plan accordingly. i) Technical support and potential funding will be needed for the development of the model.

Recommendation 2: Adopt and expand practical solutions to reduce nutrient loading by land use type through the installation of BMPs and investment in clean water projects

Even though there is not currently a calibrated binational mass balance model for the Memphremagog Watershed, the existing science and monitoring data presented in Chapter 2 does indicate that nutrient loading reductions are needed to reduce the frequency and duration of HABs and improve water quality. Vermont TMDL modeling indicates a 29% reduction in phosphorus loading is needed from the Vermont side of the watershed (VDEC, 2019d). Although there are current efforts and projects underway as presented in Chapter 3 to increase BMP installation and on-the-ground projects to reduce nutrient loading, widespread adoption and investment in clean water projects must be strengthened to improve water quality, and the opportunities and gaps explained in Chapter 4 will have to be addressed.

Widespread adoption of BMPs and investment in clean water projects is needed to reduce nutrient loading, and although these recommendations included here for practical solutions will be refined with the development of the watershed model, work on these BMPs and solutions should begin concurrently.

2.1 Agriculture – Adopt widespread on-farm BMPs supported by resources for implementation, direct service providers and provide incentives to reduce nutrient loading on agricultural lands Agricultural production in the Memphremagog Watershed is important to the culture and economy of the region. However, according to TMDL estimates, agriculture is largest contributor of phosphorus in the Vermont portion of the watershed and requires a 46% reduction in current loading to meet clean water goals. Reaching this reduction goal is particularly challenging given that agricultural producers have limited financial resources and time to invest in BMPs and nutrient management planning.

Phosphorus loading from agriculture is greater in Vermont than Quebec; however, while specific loading reductions for Vermont exist, they do not for Quebec. Load reduction goals, including Quebec agriculture, would be developed from the Watershed Model. Meanwhile, it is clear phosphorus loading reduction goals cannot be met for the Memphremagog Watershed unless loading from agricultural lands is reduced. 192

It should be noted that similar challenges exist in Quebec regarding barriers to on-farm BMPs installation. Agricultural producers and service providers in Vermont do not currently have enough resources or support to implement BMPs on the scale required to reduce nutrient loading. In Quebec, programs exist to financially support the implementation of BMPs, but they are not commonly used, therefore, assistance to agricultural producers could be needed. Given climate change will impact loading from agricultural lands with more intense rain events, steps need to be taken immediately to install on-farm BMPs. The following are recommendations specific to agriculture: a) Use the Watershed Model to determine high priority areas and loading reduction goals for agricultural lands in the watershed, and to evaluate the efficiency and effectiveness of BMPs over time and under climate change scenarios in both Quebec and Vermont. b) Develop binational approach and goals for BMP implementation for the agricultural sector under the leadership of the Quebec Vermont Steering Committee. c) Provide a follow-up of the implementation of riparian buffers along agricultural watercourses, and assess erosion and manure management on agricultural lands to prioritize BMPs and areas. d) Continue and expand existing outreach initiatives using scientific information to present the need for BMPs in Lake Memphremagog watershed. e) Develop a long-term framework for providing direct assistance to agricultural producers for installation, operations and maintenance, and follow-up for BMP installation. Target a one-on-one support and consulting services to effectively carry out existing initiatives. Present progress in water quality to the agricultural producers and communicate that results of actions can take time to be observed on water quality. f) Provide incentives to: 1) avoid the conversion of perennial crops in annual crops; 2) to protect or restore natural lands; 3) to provide ecological services. g) Support technical service providers to help assist agricultural producers. h) Assess long-term effectiveness of BMPs after installation and assist in the understanding of the lifetime, operations, and improvement of existing practices. i) Provide resources for agricultural land assessments and implementation of BMPs.

2.2 Developed Lands – Adopt BMPs and stormwater regulations for new development projects and increased implementation of retrofit projects for existing development Stormwater runoff from existing developed parcels and roadways in the Memphremagog Watershed presents a significant challenge as solutions to capturing runoff from existing impervious services requires municipalities, the state or province, and/or private landowners to invest in stormwater retrofits. It is estimated that developed lands are the largest source of phosphorus in the Quebec portion of the watershed, representing 42% of the Quebec phosphorus 193

loading. Nutrient loading reduction cannot be met for the Memphremagog Watershed unless loading from developed lands is reduced. Stormwater runoff has not been modeled at a watershed scale, which would be the first step to implement a strategy to reduce nutrient loading from developed lands. In Quebec, municipal regulations and non-regulatory efforts to reduce nutrient loading from developed lands and private septic systems are implemented at various levels. The implementation of stormwater retrofit projects and the compliance of existing private septic systems would be supported by the enforcement of existing laws and by support for municipalities and private landowners. An opportunity would be to expand by-laws throughout other municipalities ensuring that assistance for bylaws updates and resources for by-laws implementation are provided. The Land Use Planning and Development Plan (Schéma d’aménagement et de développement, SAD) of the MRC would also give the opportunity to adopt a stronger regulatory framework to control development in steep slopes, improve the stormwater management and control erosion. Vermont is in the process of implementing stormwater retrofit requirements for parcels greater than 3 acres of impervious surfaces, and the new Municipal Roads General Permit will assist in phosphorus loading reduction. A Stormwater Master Plan was completed for the watershed and several projects are in the design phase. Additional funding though Vermont Act 76 should accelerate these efforts. Additional project development work is necessary to gain landowner support for implementing these projects and to identify additional projects that may be necessary to meet load reduction targets. The following are specific recommendations for developed lands: a) Use the Watershed Model to: 1) determine loading reduction goals for the developed lands in the watershed; 2) approach stormwater management with a holistic vision; 3) to evaluate the efficiency and effectiveness of BMPs over time and under climate change scenarios in both Quebec and Vermont. b) Ensure that new development is in compliance with environmental regulations and occurs in a way that minimizes environmental impacts. c) Ensure that stormwater regulation at the state, provincial and MRC level is updated to reflect current technologies. d) Provide support for municipal and regional planning to ensure that stormwater management and technologies are incorporated into town planning and infrastructure updates e) Provide support for municipalities to develop erosion control by-laws for municipal and private road construction and maintenance and for fertilizer limitation on private lands. Provide incentives and outreach for private landowners and landscapers to adopt stormwater retrofits and limit the use of fertilizers. For example, pervious surface, as parking lots, must be promoted, and the use of fertilizers could be reduced through a fee or tax. f) Provide resources for municipal stormwater assessments and implementation of BMPs. 194

2.3 Natural Lands – Identify priority conservation areas that support essential ecological services provided by natural lands in the watershed and implement programs and providing incentives to conserve and restore these lands

Land management includes active conservation and/or restoration of natural lands of ecological interest (riparian areas, wetlands, and forests). As described in Chapter 3, there are efforts and programs in both Quebec and Vermont to conserve and restore natural lands; however, the effectiveness of these programs is limited due to inadequate resources, lack of political will, and lack of land-owner commitment and cooperation. The Province of Quebec and Canada currently have a goal of conserving a total of 17% of terrestrial and inland water areas by 2020, but a goal has not been set for the Quebec portion of the Memphremagog watershed. Vermont also lacks a conservation percentage goal, although through TMDL modeling VDEC estimated anticipated phosphorus loading from stormwater runoff associated with an increase in developed lands over time. To reduce and prevent the increase of nutrient loading protecting and maintaining natural lands, a binational Land Management Study is necessary. The study would identify conservation areas that are a priority for maintaining ecological services that prevent/reduce phosphorus loading. In addition, the study will identify degraded lands that need restoration. In Quebec, the Regional Wetlands and Bodies of Water Plan (Plan régional des milieux humides et hydriques, PRMHH) scheduled for 2022 presents an opportunity to plan the protection of the wetlands and Lake Memphremagog in the Quebec portion of the watershed. The binational Land Management Study would be used to incorporate natural land into town planning and would inform decisions on conservation programs, payments for ecosystem services, restoration projects, as well as project prioritization. In Quebec, municipal regulations to direct residential expansion and control development in natural areas have different strengths. The actual review of the MRC SAD is an opportunity to increase the control of the development in sensitive areas and to ensure the protection of natural areas, including wetlands, forests, and riparian buffers. The Land Management Study will be supported by the Watershed Model, as well as conservation goals and the TMDL modeling tools. The following are specific recommendations for the binational Land Management Study: a) Develop a Land Management Study to identify high-priority areas for conservation and restoration, while considering climate change scenarios for Quebec and Vermont. b) Ensure financial investment for conservation and restoration projects from state, provincial, and federal governments to meet land management goals. c) Expand and increase financial incentives for programs to conserve and restore natural lands of ecological interest, value, and/or significance. d) Support local organizations to identify opportunities for land conservation and/or restoration and implement conservation of natural lands.

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e) Compensate the municipalities for the loss of tax revenues associated with conservation and restoration. f) Assist regional planning efforts to maintain and restore natural lands understanding that land-use conversion is inevitable. Support efforts to direct residential expansion, control development in natural areas, and offset development through restoration. 2.4 To support all practical solutions on all land use types, it is further recommended that the following are incorporated into each recommendation:

Climate Change

Climate change has the potential to impact the effectiveness, efficiency, and longevity of BMPs and on-the-ground projects. Further, it is predicted that the effect of climate change will negate a part of current efforts to reduce nutrient loading. This means that in order to reduce nutrient loading to meet reduction target goals, current efforts need to be increased to offset the effects of climate change. a) Incorporate climate change impacts into all decision-making in order to ensure nutrient loading targets are met and investments in BMPs and implementation projects are long- term and that finite resources are used effectively.

Enforcement

Existing environmental laws at the state, provincial, and federal level need to be equitably and consistently enforced to ensure compliance with existing laws. b) It is recommended that to understand current conditions, an analysis of existing enforcement of regulation is conducted to determine if there are gaps in enforcement areas, and to develop a plan to address gaps and identify opportunities for improvement. c) In order to enforce regulation, it is recommendation that state and provincial agencies and those invested with enforcement authority are provided with increased resources and more effectively target enforcement systems to reach this goal.

Regulation

Regulation can support practical solutions through funding initiatives. Although resources have been invested in projects in the Memphremagog Watershed, there is still substantial work to be done. d) Funding initiatives from state, provincial, and federal sources should focus on achieving the binational goals developed from these recommendations.

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Education and Awareness programs

Education and awareness can lead to the implementation of more practices to reduce nutrient loading in the watershed and to local, state/provincial, and federal by-in. Further, showcasing local successes and projects can lead to additional participation in projects. e) Incorporate education and awareness to all projects to ensure that more BMPs are implemented, to ensure local, state/provincial and federal by-in, and additional participation in projects. Recommendation 3: Strengthen the cooperation through Quebec Vermont Steering Committee to implement a long-term strategy

The Quebec Vermont Steering Committee is an established leadership group for the Memphremagog Watershed that provides a binational forum for the presentation of materials and in-depth analyses and collaboration on environmental issues within the watershed. It is recommended that the Quebec Vermont Steering Committee is supported to provide coordination and leadership for the recommendations and initiatives outlined in this chapter and the continuation of creating an on-going collaborative environment to develop binational approaches and solutions for the Memphremagog Watershed. Although the Steering Committee has been successful in supporting collaboration and initiatives since 2003, the initiatives and recommendations outlined in this chapter represent an expansion of projects and leadership roles. Binational collaboration is necessary to reach clean water goals in the Memphremagog Watershed, therefore, the Steering Committee requires support to achieve collaborative ends. As outlined in Chapter 4, the Steering Committee does not have a direct funding source, apart from funds from VDEC and MELCC operational budgets, meaning financial support is necessary to expand the leadership role of the committee. Support for the Quebec Vermont Steering Committee and the specific expansion of the leadership role must be coordinated and agreed upon by the current leadership of the committee and state and provincial governments. The following are recommended: a) The Quebec Vermont Steering Committee provides coordination, oversight, and leadership for the binational approaches and initiatives to reduce nutrient loading outlined in this report and any resulting initiatives. b) Renew the memorandum of understanding (MOU) between the government of Quebec and the government of Vermont. This would recommend a long-term plan that would be action-oriented, to include data sharing protocols as well as to ensure that all necessary stakeholders are represented on the committee. c) Provide leadership for development and implementation of a long-term strategy through the Quebec Vermont Steering Committee by: - increasing meeting frequency of the technical subcommittee;

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- sharing responsibilities among the stakeholders; - tracking and adjusting progress towards the achievement of its objectives; - increasing binational knowledge sharing; - and providing leadership for climate change impacts and awareness. d) Develop a communication plan for the Steering Committee to increase binational knowledge sharing, improve reporting and transparency, and define specific outcomes of interest for each stakeholder. A website must be created which includes a public face and a private portal. This website would be bilingual and provide a binational and coordinated message on the efforts underway in the Memphremagog Watershed. The website can be used to present a unified message to the public and raise awareness for nutrient loading concerns and promote successes in the watershed. The private portal on the website can provide members of the Steering Committee with access to internal documents such as meeting minutes, presentations, handouts, and data. e) State, provincial, or federal governments to provide financial resources to be used at the Quebec Vermont Steering Committee’s discretion to meet these objectives and to fund and assign dedicated staff from Quebec and Vermont.

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